SRC-TJG H.B. 645 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 645
By: Puente (Armbrister)
Natural Resources
5/20/2003
Engrossed


DIGEST AND PURPOSE 

Many property owners' associations have deed restrictions, covenants, or
regulations that address landscaping practices. Often these rules
undermine water conservation goals by mandating certain amounts and types
of turf grass coverages or excessive  maintenance standards and irrigation
systems, while at the same time prohibiting native or climatically
appropriate landscapes and rainwater harvesting systems.  H.B. 645
prohibits deed restrictions, covenants, or property association rules that
discourage water conservation. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 202, Property Code, by adding Section 202.007,
as follows: 

Sec. 202.007.  CERTAIN RESTRICTIVE COVENANTS PROHIBITED.  (a) Prohibits a
property owners' association from including or enforcing a provision in a
dedicatory instrument that prohibits or restricts a property owner from
taking certain actions or requires a property owner to take certain other
actions. 

(b) Provides that a provision that violates Subsection (a) is void.

(c) Authorizes a property owners' association to restrict the type of turf
used by a property owner in the planting of new turf to encourage or
require waterconserving turf. 

(d) Provides that this section does not restrict, require, or prohibit a
property owners' association from regulating certain activities under
certain conditions. 

(e) Provides that this section does not apply to certain property owners'
associations. 

SECTION 2.  (a) Effective date: September 1, 2003.

(b) Makes application of this Act prospective.