79R7185 PAM-D
By: Puente H.B. No. 2426
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. Sections 202.007(a) and (d), Property Code, are
amended to read as follows:
(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) [(1)] implementing measures promoting
solid-waste composting of vegetation, including grass clippings,
leaves, or brush, or leaving grass clippings uncollected on grass;
(B) [(2)] installing rain barrels or a rainwater
harvesting system; [or]
(C) [(3)] implementing efficient irrigation
systems, including underground drip or other drip systems;
(D) 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; or
(E) landscaping a lot or parcel in its natural or
native vegetative state; 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 property at a specified visual
level that requires the owner to irrigate the property;
(C) install or use an automatic underground
irrigation system;
(D) install turf grass; or
(E) install and maintain a specific variety or a
minimum area of turf grass.
(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
establishing:
(A) standards for [regulating] the installation
of efficient irrigation systems; or
(B) [, 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:
(A) restrict or prohibit turf or landscaping
design; or
(B) result in increased water use by the owner
[that promotes water conservation].
SECTION 2. 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, recorded on or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2005.