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

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.