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78R2860 PAM-F

By:  Armbrister                                                   S.B. No. 779



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 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.