78R2860 PAM-F

By:  Puente                                                       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 landscaping design, installation, or maintenance standards that result in water conservation, including standards relating to the use of native or other drought tolerant plants, shrubs, trees, or grasses; (B) implementing measures promoting solid waste composting of vegetation, including grass clippings, leaves, or brush, or leaving grass clippings uncollected on grass; (C) implementing efficient irrigation systems, including underground drip or other drip systems; (D) installing rain barrels or a rain water harvesting system; (E) landscaping a lot or parcel in a native or vegetative state; (F) adding additional soil or compost, including sludge compost; (G) installing turf areas; (H) installing appurtenances, including patios, decks, walkways, or sidewalks; or (I) implementing or installing any other water conservation practices; or (2) requires a property owner to: (A) follow a defined irrigation schedule unless the water supplier for the property mandates the irrigation schedule to curtail outdoor water use; (B) maintain the landscape at a specified level that requires the owner to irrigate the property; (C) install and use an automatic underground irrigation system; or (D) install and maintain a specific variety or a limited choice of varieties of turf grass. (b) A provision that violates Subsection (a) is void. 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.