BILL ANALYSIS

H.B. 3995

By: Troxclair

Trade, Workforce & Economic Development

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that there is a need for more sustainable landscaping and water conservation practices in Texas and that, currently, a property owners' association (POA) may prohibit or restrict homeowners from implementing certain water-efficient landscaping methods due to aesthetic standards set by the POA, which prevents homeowners from using drought-resistant plants, xeriscaping, or other water-conserving strategies that could be beneficial, especially as the state faces ongoing drought conditions and water scarcity. H.B. 3995 repeals a provision which exempts a POA that meets certain criteria from the prohibition against a POA including or enforcing a provision in a dedicatory instrument that prohibits or restricts a property owner from implementing efficient irrigation systems or measures promoting solid-waste composting of vegetation, installing rain barrels or a rainwater harvesting system, or using drought-resistant landscaping or water-conserving natural turf.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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.

ANALYSIS

H.B. 3995 repeals Section 202.007(e), Property Code, which exempts from the prohibition against a property owners' association (POA) including or enforcing a provision in a dedicatory instrument that prohibits or restricts a property owner from implementing efficient irrigation systems or measures promoting solid-waste composting of vegetation, installing rain barrels or a rainwater harvesting system, or using drought-resistant landscaping or water-conserving natural turf a POA that meets the following criteria:

· is located in a municipality with a population of more than 175,000 that is located in a county in which another municipality with a population of more than one million is predominantly located; and

· manages or regulates a development in which at least 4,000 acres of the property is subject to a covenant, condition, or restriction designating the property for commercial use, multifamily dwellings, or open space.

EFFECTIVE DATE

September 1, 2025.