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.