C.S.H.B. 645 78(R)    BILL ANALYSIS


C.S.H.B. 645
By: Puente
Land & Resource Management
Committee Report (Substituted)



BACKGROUND 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.  

C.S.H.B. 645 would prohibit deed restrictions, covenants, or property
association rules that discourage water conservation. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

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

Prohibits and makes unenforceable any deed restriction, covenant, or home
owner association regulations that would prohibit or restrict: 

    Measures promoting solid waste composting of vegetation.

    Installation of rain barrels or rain water harvesting systems.    
    Implementing efficient irrigation systems.

    Installing appurtenances such as decks or patios.

Prohibits and makes unenforceable any deed restriction, covenant, or home
owner association regulations that would require: 

    Automatic underground irrigation systems.

    Installation of a minimum amount of turf grass.

Provides that a property owners' association may restrict the type of turf
used by a property owner in the planting of new turf to encourage or
require waterconserving turf. 

Provides that a property owners' association is not restricted from
regulating the requirements including size, type, or materials used in
composting devices, rain barrels, or other appurtenances as long as the
restriction or requirement does not prohibit the installation of the
device or appurtenance. The bill further provides that a property owners'
association  may prohibit the installation of a device or appurtenance on
property owned by the association or in common areas. 
 
Authorizes property owners' associations to regulate the installation of
efficient irrigation systems, including establishing visibility
limitations for aesthetic purposes.  Associations may also regulate the
installation of gravel, rock, and cacti. 

Authorizes property owners' associations to regulate yard and landscape
maintenance if the regulations do not restrict or prohibit turf or
landscaping design that promotes water conservation. 

SECTION 2.Act is retroactive. 

 Effective Date.

EFFECTIVE DATE

September 1, 2003.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 645 differs from the original filed version by removing certain
items from the list of items that an association is prohibited from either
restricting or requiring. 

C.S.H.B. 645 also adds provisions clarifying that property owners'
association are not prohibited from regulating aesthetic, construction or
location requirements for a water conservation device or other
appurtenances, if the regulations do not prevent the use or construction
of the device.   

C.S.H.B. 645 also clarifies that an association may regulate the use of
gravel, rocks, or cacti. 

C.S.H.B. 645 provides that an association may regulate yard and landscape
maintenance as long as the restrictions do not prohibit turf or landscape
design that promotes conservation.