Texas 2013 - 83rd Regular

Texas House Bill HB449

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to restrictive covenants regulating drought-resistant landscaping or water-conserving natural turf.

Impact

The bill is expected to impact state laws related to property management and landscaping practices significantly. It effectively empowers property owners within subdivisions to implement environmentally friendly measures without facing arbitrary restrictions from their associations. By promoting drought-resistant landscapes, HB449 aims to enhance not only individual property values but also contribute to wider environmental benefits, encouraging water conservation amidst ongoing climate challenges.

Summary

House Bill 449 aims to enhance water conservation measures by amending existing provisions in the Texas Property Code regarding the authority of property owners' associations (POAs). This legislation specifically prohibits POAs from enforcing restrictions that would prevent property owners from installing drought-resistant landscaping and other water-conserving measures. Among the measures included are the use of rain barrels, efficient irrigation systems, and solid-waste composting practices. By enacting this bill, the legislature seeks to facilitate sustainable landscaping practices that address the issues of water scarcity in Texas, especially in drought-affected regions.

Contention

While the bill is primarily focused on promoting sustainable landscaping, it has faced scrutiny regarding the balance between property owners' rights and the interests of property owners' associations. Opponents of the bill argue that it may undermine the aesthetic regulations that some associations seek to uphold, potentially leading to a decrease in uniformity and cohesion within communities. Proponents, however, counter that the bill does not eliminate the ability of POAs to regulate landscaping but rather limits their scope to restrict environmentally beneficial practices, fostering an overall improvement in community sustainability.

Companion Bills

TX SB198

Similar Relating to restrictive covenants regulating drought-resistant landscaping or water-conserving natural turf.

Previously Filed As

TX HB92

Relating to the authority of a municipality, county, or property owners' association to prohibit or regulate certain activities on residence homestead property.

TX HB4995

Relating to the authority of a municipality, county, or property owners' association to prohibit or regulate certain activities on residence homestead property.

TX HB1256

Relating to seller's disclosure notice concerning special districts in which residential real property is located.

TX HB697

Relating to seller's disclosures regarding fuel gas piping in residential real property.

TX SB864

Relating to certain seller's disclosures for the sale of residential real property.

TX HB1786

Relating to the amendment of restrictive covenants of certain residential subdivisions.

TX HB2153

Relating to the amendment of restrictive covenants applicable to certain subdivisions.

TX HB1558

Relating to the extension or amendment of deed restrictions in certain older subdivisions.

TX HB4455

Relating to the regulation by a property owner's association of the installation of solar energy devices and certain roofing materials on property.

TX SB1534

Relating to restrictions on covenants not to compete for physicians and certain other health care practitioners.

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DC B25-0486

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CA SB964

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CA SB603

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CA SB1091

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HI HB1398

Relating To Property.