Enrolled Bill Summary

House Bill 645 amends the Property Code to prohibit a property owners' association from creating or enforcing a restrictive covenant that prohibits or restricts a property owner from implementing measures to promote solid-waste composting of vegetation, installing rain barrels or a rainwater harvesting system, or implementing efficient irrigation systems. A property owners' association is not prohibited from regulating the requirements for or the location of a composting device, a rain barrel, a rain harvesting device, or any other appurtenance if the restriction does not prohibit the economic installation of the device. The bill also provides that an association may regulate the installation of efficient irrigation systems, including by establishing visibility limitations for aesthetic purposes. House Bill 645 authorizes a property owners' association to encourage or require water-conserving turf and specifies that an association is not prevented from regulating yard and landscape maintenance if the requirements do not restrict or prohibit turf or landscaping design that promotes water conservation. The provisions do not apply to a property owners' association that is located in a municipality meeting certain population, location, and development requirements.