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Signed Into Law
Signed May 29, 2025Effective 2025-05-29
HB431

Regular Session

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

Government Affairs & Regulatory Compliance Analysis

HB431: Government Affairs Overview

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.

Rep. Philip Cortez·House Bill·Regular Session

Critical
Low Cost
Effective:2025-05-29
Enforcing Agencies

Texas Courts (Civil Enforcement via Property Code Chapter 202)

Business Impact

Who HB431 Affects

This legislation has regulatory implications for the following Texas businesses and organizations:

Regulatory Priority: critical

Significant regulatory changes (effective 2025-05-29). Review with your legal and compliance teams to understand implications.

⚡

Energy

Affected business types:

  • Power generators
  • Electric utilities
  • Renewable energy developers
  • Battery storage operators
View all energy legislation
🏢

Real Estate

Affected business types:

  • Property developers
  • Commercial landlords
  • Property managers
  • Real estate investors
View all real estate legislation

Key Operational Considerations

  • 1Staff Protocols: Front-line staff must be trained to categorize solar tile inquiries under "Solar Energy Devices" (protected) rather than general "Roofing Materials" (discretionary).

Estimated Cost Impact

lowMinimal cost impact anticipated.

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HB431
Relating to the regulation by a property owners' association of the installation of solar roof tiles.
Critical Urgency
Passed with Opposition
House Vote129 - 14
YEA
90% in favor143 voting
Senate Vote31 - 0
YEA
100% in favor31 voting
14
Total Opposition Votes
Cost Impact
Low
Effective
2025-05-29
Enforcing Agencies
Texas Courts
Primary Author: Rep. Philip Cortez
89th Texas Legislature
jdkey.com
01

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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JD Key Consulting specializes in Texas regulatory compliance strategy. Work directly with James Dickey—former Chairman of the Republican Party of Texas—to understand this bill's impact on your operations and develop an actionable compliance plan.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Nov 12, 2024
Passed House
Apr 29, 2025
Passed Senate
May 19, 2025
Signed
May 29, 2025
Effective
May 29, 2025
TopicsEnergyEnergy--solarProperty InterestsProperty Interests--property Owners Association
03

House Authors

Rep. Philip CortezDemocrat · Primary Author
Joint Authors
Coauthors (1)

Senate Sponsors

Sen. Nathan JohnsonDemocrat · Primary Sponsor
Cosponsors (2)

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Rep. Philip Cortez

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Related by Topic

View more Energy legislation
Quick Reference

Frequently Asked Questions

Common questions about HB431

Q

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.

Q

Who authored HB431?

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

Q

When was HB431 signed into law?

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

Q

Which agencies enforce HB431?

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

Q

How significant are the changes in HB431?

The regulatory priority for HB431 is rated as "critical". Businesses and organizations should review the legislation to understand potential impacts.

Q

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.

Q

What topics does HB431 address?

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

Q

What are the key dates for HB431?

Key dates for HB431: Effective date is 2025-05-29. Consult with legal counsel regarding applicability.

Q

Which Texas businesses are affected by HB431?

HB431 primarily affects energy companies and power generators, property owners and real estate professionals. These businesses should review the legislation with their legal and compliance teams to understand potential impacts.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026