78R10910 PAM-F


By:  Puente                                                       H.B. No. 645

Substitute the following for H.B. No. 645:                                    

By:  Mowery                                                   C.S.H.B. No. 645



A BILL TO BE ENTITLED

AN ACT

relating to prohibiting the creation or enforcement of certain 
restrictive covenants that undermine water conservation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 202, Property Code, is amended by adding 
Section 202.007 to read as follows:
	Sec. 202.007.  CERTAIN RESTRICTIVE COVENANTS PROHIBITED.  
(a)  A property owners' association may not include or enforce a 
provision in a dedicatory instrument that:
		(1)  prohibits or restricts a property owner from:                     
			(A)  implementing measures promoting solid-waste 
composting of vegetation, including grass clippings, leaves, or 
brush, or leaving grass clippings uncollected on grass;
			(B)  installing rain barrels or a rainwater 
harvesting system;      
			(C)  implementing efficient irrigation systems, 
including underground drip or other drip systems; or
			(D)  installing appurtenances, including patios, 
decks, walkways, or sidewalks; or
		(2)  requires a property owner to:                                     
			(A)  install or use an automatic underground 
irrigation system; or  
			(B)  install minimum amounts of turf grass.                           
	(b)  A provision that violates Subsection (a) is void.                  
	(c)  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 water-conserving turf.
	(d)  This section does not:                                             
		(1)  restrict a property owners' association from 
regulating the requirements, including size, type, shielding, and 
materials, for or the location of a composting device, rain barrel, 
rain harvesting device, or any other appurtenance if the 
restriction does not prohibit the economic installation of the 
device or appurtenance on the property owner's property where there 
is reasonably sufficient area to install the device or 
appurtenance;
		(2)  require a property owners' association to permit a 
device or appurtenance described by Subdivision (1) to be installed 
in or on property:
			(A)  owned by the property owners' association;                       
			(B)  owned in common by the members of the 
property owners' association; or
			(C)  in an area other than the fenced yard or patio 
of a property owner;
		(3)  prohibit a property owners' association from 
regulating the installation of efficient irrigation systems, 
including establishing visibility limitations for aesthetic 
purposes;
		(4)  prohibit a property owners' association from 
regulating the installation or use of gravel, rocks, or cacti; or
		(5)  restrict a property owners' association from 
regulating yard and landscape maintenance if the restrictions or 
requirements do not restrict or prohibit turf or landscaping design 
that promotes water conservation.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies to a provision 
in a dedicatory instrument as that term is defined by Section 
202.001(1), Property Code, regardless of when the provision was 
adopted.