HB431

Regular Session

Relating to the regulation by a property owners' association of the installation of solar roof tiles.

CriticalImmediate action required

Low Cost

Effective:2025-05-29

Enforcing Agencies

Texas Courts (Civil Enforcement via Property Code Chapter 202)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: May 29, 2025
Compliance Deadline: Immediate. The legislation includes language stating it is intended to "clarify" existing law. This implies retroactive applicability to pending applications and exposes associations to liability for recent denials.
Agency Rulemaking: None. This statute is self-executing and enforced through private civil litigation in Texas courts. Do not wait for agency guidance.

Immediate Action Plan

Issue a Cease and Desist: Instruct the ACC to stop all denials of solar tiles based on product type immediately.
Audit Past Denials: Review all solar tile denials from the last 24-48 months. Proactively invite these homeowners to re-apply to mitigate the risk of retroactive litigation.
Update Guidelines: Draft and file a supplemental policy defining Solar Roof Tiles as permitted devices subject to the standard "10% efficiency" statutory test.
Notify Developers: For communities under development, ensure the Declarant revises CC&Rs to remove any bans on building-integrated photovoltaics (BIPV).

Operational Changes Required

Contracts

Management Agreements: Review agreements to authorize Community Managers to administratively approve solar tile applications that meet technical standards, bypassing full Board review to expedite compliance and reduce liability exposure.
Settlement Agreements: If your association is currently in litigation or mediation regarding the denial of solar shingles/tiles, instruct litigation counsel to settle immediately. The legislative intent destroys the defense that tiles are distinct from panels.

Hiring/Training

ACC Training: Issue immediate written directives to Architectural Control Committee members: Solar tiles are legally equivalent to solar panels. Applications cannot be denied because the device is "integrated" or "not a panel."
Staff Protocols: Front-line staff must be trained to categorize solar tile inquiries under "Solar Energy Devices" (protected) rather than general "Roofing Materials" (discretionary).

Reporting & Record-Keeping

Design Guidelines: You must adopt a Board Resolution acknowledging that "solar energy devices" includes roof tiles. Strike any language in current guidelines that mandates solar devices must be "rack-mounted" or prohibits "integrated roofing materials."
Application Logs: Audit pending ACC logs. Any application for solar tiles currently marked "Denied" or "Pending" must be re-evaluated under the new statutory definition immediately.

Fees & Costs

Litigation Risk: While there are no new state fees, the risk of homeowner lawsuits for attorney's fees is high if the Board persists in denying tiles.
Insurance: D&O insurance carriers may reserve rights on claims related to solar tile denials if the Board acts contrary to this clear statutory mandate.

Strategic Ambiguities & Considerations

Aesthetics vs. Availability: POAs retain the right to regulate the color of roofing materials. However, solar tiles are limited in color options. If a POA demands a specific color (e.g., "Weathered Wood") that is not available in a solar tile, or if the available color reduces energy efficiency by more than 10%, the POA's restriction is unenforceable.
Roof Coverage: Standard rules often require solar devices to be on the back of the home. Solar tiles often require full roof replacement to be watertight and aesthetically consistent. Strict enforcement of "rear-placement only" rules will likely violate the statutory "10% efficiency loss" prohibition.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsEnergy Energy--solar Property Interests Property Interests--property Owners Association

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

H.B. 431

By: Cortez

Trade, Workforce & Economic Development

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Solar roof tiles are miniature solar panels that resemble roof shingles and comprise an entire roof, unlike regular solar panels, which are placed on top of existing shingles. The bill author has informed the committee that a constituent has been prevented from installing solar roof tiles by the constituent's property owners' association (POA). In 2011, the Texas Legislature passed H.B. 362, which prohibited POAs from including or enforcing a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device, but the technology for solar roof tiles did not yet exist, and so those tiles are not expressly recognized as solar energy devices in the current applicable law. H.B. 431 seeks to update Property Code provisions to clarify that the term "solar energy device" includes a solar roof tile for purposes of POA regulations.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 431 amends the Property Code to clarify that the term "solar energy device" includes a solar roof tile for purposes of the regulation of solar energy devices by a property owners' association.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.

House Authors

Rep. Philip CortezDemocrat · Primary Author

Joint Authors

Coauthors (1)

Penny Morales Shaw (D)

Senate Sponsors

Sen. Nathan JohnsonDemocrat · Primary Sponsor

Cosponsors (2)

Bill Text(with markup)

H.B. No. 431

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the regulation by a property owners' association of the
	installation of solar roof tiles.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 202.010(a)(2), Property Code, is amended
	to read as follows:
	(2) "Solar energy device" has the meaning assigned by
	Section 171.107, Tax Code. The term includes a solar roof tile.
	SECTION 2. The amendment by this Act of Section
	202.010(a)(2), Property Code, is intended to clarify rather than
	change existing law.
	SECTION 3. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 22, 2025

TO:	Honorable Angie Chen Button, Chair, House Committee on Trade, Workforce & Economic Development

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB431 by Cortez (Relating to the regulation by a property owners' association of the installation of solar roof tiles.), As Introduced

No fiscal implication to the State is anticipated.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

LBB Staff:

JMc, RStu, CMA

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Frequently Asked Questions

Common questions about HB431

What does Texas HB431 do?

HB431 amends the Texas Property Code to explicitly classify "solar roof tiles" and "solar shingles" as protected solar energy devices, effective immediately. Property Owners' Associations (POAs) and Architectural Control Committees (ACCs) must immediately cease denying applications for solar tiles based on the distinction that they are not traditional rack-mounted panels; such denials are now legally indefensible. Implementation Timeline Effective Date: May 29, 2025 Compliance Deadline: Immediate.

Who authored HB431?

HB431 was authored by Texas Representative Philip Cortez during the Regular Session.

When was HB431 signed into law?

HB431 was signed into law by Governor Greg Abbott on May 29, 2025.

Which agencies enforce HB431?

HB431 is enforced by Texas Courts (Civil Enforcement via Property Code Chapter 202).

How urgent is compliance with HB431?

The compliance urgency for HB431 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB431?

The cost impact of HB431 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB431 address?

HB431 addresses topics including energy, energy--solar, property interests and property interests--property owners association.

Legislative data provided by LegiScanLast updated: November 25, 2025

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