BILL ANALYSIS |
C.S.H.B. 449 |
By: Dukes |
Natural Resources |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
In 2011, many parts of Texas experienced what was reported to be the worst one-year drought on record. During a drought, maintaining a green lawn and a lush landscape becomes particularly water-intensive and expensive, and bans and limits on outdoor watering, while necessary and often mandatory in such a time, only add to the burden of upkeep. In response to these challenges, many Texas homeowners have become increasingly interested in landscape alternatives that require less water to maintain. Interested parties contend, however, that despite some progress many covenants and restrictions of property owners' associations continue to present a barrier for homeowners who wish to transition to a drought-resistant and less water-intensive landscape and lawn. C.S.H.B. 449 seeks to address this issue by protecting a homeowner's right to install a drought-resistant landscape or water-conserving natural turf.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 449 amends Property Code provisions relating to the prohibition of certain restrictive covenants applicable to certain property owners' associations. The bill prohibits a property owners' association from including or enforcing a provision in a dedicatory instrument that prohibits or restricts a property owner from using drought-resistant landscaping or water-conserving natural turf. The bill establishes that provisions relating to the prohibition of certain restrictive covenants do not prohibit a property owners' association from requiring an owner to submit a detailed description or a plan for the installation of drought-resistant landscaping or water-conserving natural turf for review and approval by the property owners' association to ensure, to the extent practicable, maximum aesthetic compatibility with other landscaping in the subdivision. The bill prohibits a property owners' association from unreasonably denying or withholding approval of a proposed installation of drought-resistant landscaping or water-conserving natural turf or from unreasonably determining that the proposed installation is aesthetically incompatible with other landscaping in the subdivision.
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EFFECTIVE DATE
September 1, 2013.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 449 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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