Texas HB 431 (Property Code 202.010): HOA Rules and Solar Roof Tiles

Quick Answer

Texas House Bill 431 (2025) amended Property Code § 202.010(a)(2) so that the term "solar energy device," as used in the law limiting HOA restrictions on solar installations, "includes a solar roof tile." The bill also states that the change is "intended to clarify rather than change existing law." Published session-law text shows the amendment took effect May 29, 2025. An association that bans or restricts solar energy devices should read its rules against § 202.010 as it now stands.

At a Glance

What the Law Says

The amendment

Section 202.010(a)(2) now reads: "'Solar energy device' has the meaning assigned by Section 171.107, Tax Code. The term includes a solar roof tile." The first sentence, borrowing the Tax Code definition, was already there. The second sentence is the addition. We did not read Tax Code § 171.107 for this page.

Section 2 of the bill says the amendment "is intended to clarify rather than change existing law." Our reading: the Legislature is signaling that solar roof tiles were meant to be covered all along. It does not tell us how an older HOA decision about a tile product should be treated; that is a question for counsel.

The rules the definition plugs into

The definition matters because of what § 202.010 does with "solar energy device." As published in the 2025 statutes:

• Subsection (b): except as provided by (d), an association "may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device."
• Subsection (c): a provision that violates (b) "is void."
• Subsection (d): an association may include or enforce a provision that prohibits a device that, as adjudicated by a court, threatens public health or safety or violates a law; sits on property owned or maintained by the association or owned in common by members; is placed somewhere other than the roof of the home or another structure allowed by the dedicatory instrument, or a fenced yard or patio owned and maintained by the owner; voids material warranties; or was installed without prior approval from the association or a committee that decides within a reasonable period.
• Subsection (d)(5): for roof-mounted devices, an association may prohibit one that extends higher than or beyond the roofline, sits outside a designated area (unless the alternate location raises estimated annual production by more than 10 percent, using the National Renewable Energy Laboratory's modeling tool), does not conform to the roof slope with a top edge parallel to the roofline, or has a frame, bracket or visible piping or wiring that is not in a silver, bronze or black tone commonly available in the marketplace.
• Subsection (e): the association or its architectural review committee may not withhold approval if the permitted provisions are met or exceeded, unless it determines in writing that the proposed placement substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities. Written approval from all adjoining owners is prima facie evidence that no such condition exists.
• Subsection (f): during a development period for a development with fewer than 51 planned residential units, the declarant may prohibit or restrict solar energy devices.

What This Means in Practice

Boards

If your rules ban "solar panels" or regulate "solar collectors" by name, check whether they would catch a roof tile product that generates power. After HB 431, § 202.010(a)(2) says a solar roof tile is a solar energy device, so a blanket ban on one would fall under § 202.010(b) and (c). The permitted limits in (d) and the written-denial standard in (e) still apply.

Our reading: the (d)(5) placement and appearance limits were written with panels in mind (roofline, slope, frame, bracket, wiring). Whether a given limit can sensibly be applied to an integrated tile is not answered by the statute. Expect disputes over that and take specific products to counsel before denying an application.

Owners

The statute does not remove the approval process. Subsection (d)(8) lets an association enforce a rule against a device "installed without prior approval" from the association or an authorized committee that decides within a reasonable period. An owner planning a roof tile installation should submit the application first and keep the product documentation, including anything on warranty effects (see (d)(7)) and roof placement.

What the law does not say

• No product definition. HB 431 does not define "solar roof tile" itself. Do not assume the Tax Code definition says more about tiles than we read.
• "Clarify" and timing. The bill calls itself a clarification. Whether an earlier denial, fine or recorded rule is affected is an open question. We found no source addressing it.
• Effective date. The enrolled bill gives two possible dates. The published statute uses May 29, 2025. Treat September 1, 2025 as a conservative outer date only if counsel advises.

Timeline

Related Texas Law

• Property Code § 202.010: regulation of solar energy devices
• Tax Code § 171.107: solar energy device definition
• Chapter 202: restrictive covenants and what associations cannot restrict
• H.B. 621 (2025): candidate events in common areas
• H.B. 517 (2025): no fines for brown grass during watering restrictions
• Texas HOA law changes 2021 to 2025

Board Checklist

• Pull every rule and architectural guideline that mentions solar, photovoltaic, roofing material or "alternative energy."
• Check whether any rule bans or restricts solar roof tiles outright, and have counsel review it against § 202.010(b) and (c).
• If a denial is considered, make sure it rests on a ground listed in (d) or a written determination under (e), not on appearance preferences alone.
• Check whether the declarant is still within a development period for a development of fewer than 51 planned units, since (f) treats that differently.

Frequently Asked Questions

Does Texas law let an HOA ban solar roof tiles?

Section 202.010(a)(2) says a solar energy device includes a solar roof tile, and § 202.010(b) bars associations from enforcing a provision that prohibits or restricts installing a solar energy device, subject to the exceptions in (d). A flat ban on roof tiles would need to fit one of those exceptions.

What did HB 431 change?

One sentence. It added "The term includes a solar roof tile" to the definition of solar energy device in § 202.010(a)(2).

When did HB 431 take effect?

The bill took effect immediately on a two-thirds vote, otherwise September 1, 2025. The 2025 published statute lists May 29, 2025.

Can the HOA still require approval for a solar installation?

Yes, within limits. Subsection (d)(8) allows enforcement against a device installed without prior approval, if the approving body decides within a reasonable period. Subsection (e) limits when approval may be withheld.

Where This Comes From

We read the enrolled text of H.B. 431 (89th Legislature) on the Texas Legislature's website at capitol.texas.gov, including the vote certifications, and the 2025 published text of Property Code § 202.010, which shows the session-law chapter and the May 29, 2025 effective date. We did not read Tax Code § 171.107.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Texas attorney before acting.