15
Feature
BUILDING AND ENERGY
CODE MANDATES
*HB 1736 (Rep. Villalba/Sen. Fraser)
Relating to building energy efficiency
performance standards.
Sets a minimum
six-year cycle for the state residential energy
code updates. Unlike current law, allows the
State Energy Conservation Office (SECO) to
update energy codes even if the newest version
is deemed less-stringent. Updates the state
residential energy code to 2015. Sets less-
stringent and realistic alternate performance
path Energy Rating Index scores (the scores
under the code as published by the International
Code Council are excessively stringent). Allows
non-attainment cities to set those scores to be
less stringent than the scores set in statute (under
the law prior to this bill, those cities would not be
able to do so). Makes the alternate performance
path Energy Rating Index scores apply statewide
(note: non-attainment cities may override that).
Effective Immediately.
TRANSPORTATION
INFRASTRUCTURE AND FUNDING
*SJR 5 (Sen. Nichols/Rep. Pickett)
Proposing a constitutional amendment
dedicating certain revenue derived from
the tax imposed on the sale of motor
vehicles to the state highway fund.
Dedicates $2.5 billion from state sales and use
tax revenue to the state highway fund, if tax
revenues exceed $28 billion. Also, in 2019-20
starts to dedicate 35% of motor vehicle sales tax
revenue, if revenue exceeds $5 billion. Will result
in approximately $3.5-4 billion more to the state
highway fund. Use for toll roads is prohibited.
Listed as Prop 7 on the Nov. 3, 2015 ballot.
For more information on transportation
policy, see box titled “Transportation
Funding Bills” on page 18.
PROPERTY AND CONDOMINIUM
OWNER ASSOCIATIONS
HB 939 (Rep. Dale/Sen. L. Taylor)
Relating
to unenforceable restrictive covenants
regarding standby electric generators
affecting residential homes.
In regards to
homeowners use of electric generators during
a power outage, a property owners association
(POA) may not prohibit or restrict permanently
installed standby electric generators; however,
may require generators be installed by a licensed
contractor and in compliance to certain codes,
and require the owner to screen the generator.
Prohibits the use of a generator for regular
electricity use.
Effective Immediately.
HB 1072 (Rep. S. Thompson/Sen. Ellis)
Relating to the eligibility of certain
persons to serve on the board of a
property owners' association.
Allows a
person that was convicted of a felony or a crime
involving moral turpitude more than 20 years ago
to be eligible to serve on a POA board.
Effective Sept. 1, 2015.
*HB 1455 (Rep. P. King/Sen. Creighton)
Relating to procedures required before
a condominium association files a suit or
initiates an arbitration proceeding for a
defect or design claim.
Requires condo unit
owners be informed of a potential construction
defect claim and the implications associated with
bringing a claim, before the Condo Board initiates
an action to prosecute such claim. Requires a
POA Board to obtain a written independent
third-party report from a licensed professional
to identify elements subject to a claim. Requires
owner approval prior to prosecution of a claim,
before the Condo Board initites such claim. Gives
interested parties the right to cure.
Effective Sept. 1, 2015.
HB 2489 (Rep. Leach/Sen. Eltife)
Relating to the ability of a property
owners' association to enforce certain
provisions on the lease or rental of real
property.
Restricts a POA from approving rental
applications and requiring rental documents
(lease, application, credit report).
Effective Immediately.
SB 862 (Sen. Birdwell/Rep. Keffer)
Relating to voting methods in a property
owners' association election or vote.
Clarifies that a POA is not required to offer
owners multiple voting methods (electronic,
absentee, in person, or proxy), unless stated in the
dedicatory instrument.
Effective Sept. 1, 2015.
SB 864 (Sen. Birdwell/Rep. Keffer)
Relating to secret ballots in a property
owners' association election or vote.
Gives POAs the authority to allow secret ballot voting.
Effective Immediately.
SB 1168 (Sen. West/Rep. Villalba)
Relating to the operation of certain
property owners' associations.
Makes
several “clean-up fixes” in the Property Code
regarding POAs. Allows POA board meetings,
except executive sessions, to take place by
telephone or electronic means. Allows a board
to take action outside of a meeting. Clarifies
that resale certificate provisions do not apply
to condominiums.
Effective Sept. 1, 2015.
SB 1626 (Sen. Rodríguez/Rep. Dukes)
Relating to the regulation by a developer
of the installation of solar energy
devices in a residential subdivision.
Allows residential developments (single-family
house or unit in a duplex, triplex or quadplex)
with 51 or fewer homes to continue to prohibit
the installation of a solar energy device.
Prohibits developers in larger developments
from banning solar energy devices; however,
still allows solar energy devices subject
to restrictions on location, aesthetics and
screening requirements.
Effective Sept. 1, 2015.
HOUSING AND
COMMUNITY DEVELOPMENT
*HB 74 (Rep. Gonzalez/Sen. Zaffirini)
Relating to financial assistance
administered by the Texas Department
of Housing and Community Affairs in
certain rural areas.
Expands the definition of
“rural area” to include an area that is designated
by the Texas Department of Housing and
Community Affairs (TDHCA) as a rural area. Will
allow areas with a population of 10,000 or less
that are within a statistical metropolitan area
*
Denotes a TAB Priority Bill
