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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a property owners' association to |
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assess a fine for discolored vegetation or turf during a period of |
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residential watering restriction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 202, Property Code, is amended by adding |
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Section 202.008 to read as follows: |
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Sec. 202.008. LIMITATION ON FINES DURING RESIDENTIAL WATER |
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RESTRICTION. (a) For the purposes of this section, "residential |
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watering restriction" means a temporary restriction of water use to |
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irrigate residential vegetation or turf that is mandated by a |
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municipality, water utility, or other wholesale or retail water |
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supplier as part of a strategy to conserve water during a period of |
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drought. |
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(b) A property owners' association may not assess a fine |
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against a property owner for a violation of an applicable |
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restrictive covenant that requires the owner to maintain green |
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vegetation or turf or prohibits discolored or brown vegetation or |
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turf on the property: |
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(1) during a period when the owner's property is |
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subject to a residential watering restriction under which |
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discolored or brown vegetation or turf could reasonably result; and |
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(2) for a reasonable period of time after a |
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residential watering restriction described by Subdivision (1) is |
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lifted. |
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SECTION 2. This Act takes effect September 1, 2025. |