bill stops HOAs from banning water-conserving natural turf

The text as introduced · 643 words

89R5065 SCR-D

By: Goodwin
H.B. No. 1432

A BILL TO BE ENTITLED

AN ACT

relating to restrictive covenants regulating certain landscaping

and water conservation practices.

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 prohibits or

restricts a property owner from:

(1) implementing measures promoting solid-waste

composting of vegetation, including grass clippings, leaves, or

brush, or leaving grass clippings uncollected on grass;

(2) installing rain barrels or a rainwater harvesting

system;

(3) implementing efficient irrigation systems,

including underground drip or other drip systems; [ or ]

(4) using drought-resistant landscaping in lieu of

natural turf; or

(5) using water-conserving natural turf.

(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 if the

restriction does not prohibit the economic installation of the

device on the property owner's property where there is reasonably

sufficient area to install the device;

(2) require a property owners' association to permit a

device 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

regulating the installation of efficient irrigation systems,

including establishing visibility limitations for aesthetic

purposes;

(4) prohibit a property owners' association from

regulating the installation or use of gravel, rocks, or cacti;

(5) restrict a property owners' association from

regulating yard and landscape maintenance if the restrictions or

requirements do not restrict or prohibit turf or landscaping design

that promotes water conservation;

(6) require a property owners' association to permit a

rain barrel or rainwater harvesting system to be installed in or on

property if:

(A) the property is:

(i) owned by the property owners'

association;

(ii) owned in common by the members of the

property owners' association; or

(iii) located between the front of the

property owner's home and an adjoining or adjacent street; or

(B) the barrel or system:

(i) is of a color other than a color

consistent with the color scheme of the property owner's home; or

(ii) displays any language or other content

that is not typically displayed by such a barrel or system as it is

manufactured;

(7) restrict a property owners' association from

regulating the size, type, and shielding of, and the materials used

in the construction of, a rain barrel, rainwater harvesting device,

or other appurtenance that is located on the side of a house or at

any other location that is visible from a street, another lot, or a

common area if:

(A) the restriction does not prohibit the

economic installation of the device or appurtenance on the property

owner's property; and

(B) there is a reasonably sufficient area on the

property owner's property in which to install the device or

appurtenance; or

(8) 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 , provided that a property owners' association:

(A) shall accept an outline and diagram or

representation for the installation submitted by the owner; and

(B) may not require an owner to submit a detailed

description or plan prepared by a landscape architect or other

professional provider of landscaping services .

SECTION 2. Section 202.007(e), Property Code, is repealed.

SECTION 3. This Act takes effect September 1, 2025.