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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictive covenants regulating certain landscaping |
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and water conservation practices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 202.007(a) and (d), Property Code, are |
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amended to read as follows: |
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(a) A property owners' association may not include or |
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enforce a provision in a dedicatory instrument that prohibits or |
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restricts a property owner from: |
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(1) implementing measures promoting solid-waste |
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composting of vegetation, including grass clippings, leaves, or |
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brush, or leaving grass clippings uncollected on grass; |
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(2) installing rain barrels or a rainwater harvesting |
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system; |
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(3) implementing efficient irrigation systems, |
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including underground drip or other drip systems; [or] |
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(4) using drought-resistant landscaping in lieu of |
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natural turf; or |
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(5) using water-conserving natural turf. |
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(d) This section does not: |
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(1) restrict a property owners' association from |
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regulating the requirements, including size, type, shielding, and |
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materials, for or the location of a composting device if the |
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restriction does not prohibit the economic installation of the |
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device on the property owner's property where there is reasonably |
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sufficient area to install the device; |
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(2) require a property owners' association to permit a |
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device described by Subdivision (1) to be installed in or on |
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property: |
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(A) owned by the property owners' association; |
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(B) owned in common by the members of the |
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property owners' association; or |
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(C) in an area other than the fenced yard or patio |
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of a property owner; |
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(3) prohibit a property owners' association from |
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regulating the installation of efficient irrigation systems, |
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including establishing visibility limitations for aesthetic |
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purposes; |
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(4) prohibit a property owners' association from |
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regulating the installation or use of gravel, rocks, or cacti; |
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(5) restrict a property owners' association from |
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regulating yard and landscape maintenance if the restrictions or |
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requirements do not restrict or prohibit turf or landscaping design |
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that promotes water conservation; |
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(6) require a property owners' association to permit a |
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rain barrel or rainwater harvesting system to be installed in or on |
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property if: |
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(A) the property is: |
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(i) owned by the property owners' |
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association; |
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(ii) owned in common by the members of the |
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property owners' association; or |
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(iii) located between the front of the |
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property owner's home and an adjoining or adjacent street; or |
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(B) the barrel or system: |
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(i) is of a color other than a color |
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consistent with the color scheme of the property owner's home; or |
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(ii) displays any language or other content |
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that is not typically displayed by such a barrel or system as it is |
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manufactured; |
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(7) restrict a property owners' association from |
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regulating the size, type, and shielding of, and the materials used |
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in the construction of, a rain barrel, rainwater harvesting device, |
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or other appurtenance that is located on the side of a house or at |
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any other location that is visible from a street, another lot, or a |
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common area if: |
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(A) the restriction does not prohibit the |
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economic installation of the device or appurtenance on the property |
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owner's property; and |
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(B) there is a reasonably sufficient area on the |
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property owner's property in which to install the device or |
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appurtenance; or |
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(8) prohibit a property owners' association from |
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requiring an owner to submit a detailed description or a plan for |
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the installation of drought-resistant landscaping or |
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water-conserving natural turf for review and approval by the |
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property owners' association to ensure, to the extent practicable, |
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maximum aesthetic compatibility with other landscaping in the |
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subdivision, provided that a property owners' association: |
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(A) shall accept an outline and diagram or |
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representation for the installation submitted by the owner; and |
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(B) may not require an owner to submit a detailed |
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description or plan prepared by a landscape architect or other |
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professional provider of landscaping services. |
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SECTION 2. Section 202.007(e), Property Code, is repealed. |
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SECTION 3. This Act takes effect September 1, 2025. |