89th Legislature

HB 431

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 431 amends Section 202.010(a)(2) of the Texas Property Code to clarify that "solar energy devices" include solar roof tiles. Under current law, property owners' associations (POAs) are generally prohibited from restricting the installation of solar energy devices on residential properties. However, ambiguity existed over whether newer technologies like solar roof tiles, which blend solar functionality into roofing materials, were explicitly protected. HB 431 removes this ambiguity by expressly stating that solar roof tiles are included in the definition of a solar energy device.

The bill's purpose is explicitly stated as a clarification of existing law, not a substantive change. This means that the protections for homeowners who wish to install solar roof tiles are consistent with the longstanding legislative intent to promote residential solar energy use in Texas. It ensures that property owners' rights to adopt energy-saving technologies are maintained and that POAs cannot block solar roof tile installations under outdated interpretations of the statute.
Author
Philip Cortez
Eddie Morales
Mihaela Plesa
Co-Author
Penny Morales Shaw
Sponsor
Nathan Johnson
Co-Sponsor
Lois Kolkhorst
Royce West
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 431 is anticipated to have no fiscal implications for the State of Texas. The bill simply clarifies existing law regarding the definition of a "solar energy device" to include solar roof tiles. Since it does not create new regulatory responsibilities, enforcement mechanisms, or funding obligations for state agencies, it does not generate any costs or savings to the state budget.

Similarly, the bill is expected to have no fiscal impact on units of local government. Property owners' associations (POAs), which are private entities, are affected by the bill, but city and county governments are not tasked with new regulatory duties, oversight responsibilities, or fiscal outlays as a result of this clarification.

Overall, HB 431 is a straightforward statutory clarification that reinforces homeowner protections without requiring new government programs, staff, or expenditures at either the state or local level.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES on HB 431. The bill serves an important clarifying function by explicitly stating that "solar energy devices" — already protected under the Texas Property Code — include "solar roof tiles." This clarification updates Section 202.010 of the Property Code to accommodate technological advancements that were not available when protections for solar panels were first enacted in 2011. It directly addresses cases where property owners’ associations (POAs) have blocked the installation of solar roof tiles based on technical gaps in the statutory language.

Importantly, HB 431 does not grow the size or scope of government. It does not establish any new programs, agencies, or enforcement mechanisms. It simply ensures that current legal protections apply equally to modern solar technology. There are no new costs or fiscal burdens on the state or local governments, as confirmed by the Legislative Budget Board, meaning no additional burden on taxpayers. Furthermore, HB 431 does not increase the regulatory burden on individuals or businesses; instead, it reduces barriers by limiting the ability of POAs to block energy innovation on private property.

The bill strengthens critical liberty principles: it protects individual autonomy, reinforces private property rights, supports free enterprise by encouraging technological competition, and respects limited government by not expanding regulatory authority.

  • Individual Liberty: The bill strengthens individual liberty by giving homeowners more control over their own property. It protects the right of individuals to choose how they power their homes — in this case, using innovative solar roof tiles — without facing unreasonable interference from property owners' associations. It reinforces a homeowner’s freedom to make energy choices that fit their needs and values.
  • Personal Responsibility: The bill encourages personal responsibility by making it easier for homeowners to invest in solar technology and take charge of their own energy production. It promotes the idea that individuals can — and should — make choices to manage their own resources and reduce their reliance on centralized power systems.
  • Free Enterprise: The bill promotes free enterprise by supporting innovation in the solar energy market. By preventing HOAs from blocking the use of solar roof tiles, the bill allows companies that design, produce, and install solar products to compete fairly and offer homeowners new options. It removes artificial barriers that could otherwise stifle competition and technological advancement.
  • Private Property Rights: The bill directly reinforces private property rights. It ensures that homeowners, not HOAs, have the final say in how they use their own roofs to install solar energy systems. Protecting the ability to improve and use one’s property is a fundamental property right that the bill upholds.
  • Limited Government: The bill respects the principle of limited government. It does not create any new government programs, regulations, or oversight. It simply clarifies existing law to make sure that private associations (not government bodies) do not infringe on homeowners’ rights. The government’s role is limited to ensuring that individual rights are protected, not expanded or newly regulated.
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