83R450 AJA-D
By: Dukes H.B. No. 449
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on xeriscaping by property owners'
associations and certain political subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 580, Local Government Code, is amended
by adding Section 580.0021 to read as follows:
Sec. 580.0021. RESTRICTIONS ON XERISCAPING. (a) In this
section, "xeriscaping" has the meaning assigned by Section 202.013,
Property Code.
(b) The governing body of a municipality or county may not
enact an ordinance or order that prohibits or unreasonably
restricts, or enforce an ordinance or order in a manner that
prohibits or unreasonably restricts, a property owner from
xeriscaping the owner's property.
SECTION 2. Chapter 202, Property Code, is amended by adding
Section 202.013 to read as follows:
Sec. 202.013. XERISCAPING. (a) In this section,
"xeriscaping" means a landscaping method that maximizes the
conservation of water by using plants that are appropriate to the
site and efficient water-use techniques. The term includes:
(1) planning and design;
(2) appropriate choice of plants;
(3) soil analysis;
(4) soil improvement using compost;
(5) efficient and appropriate irrigation;
(6) practical use of turf;
(7) appropriate use of mulches; and
(8) proper maintenance.
(b) A property owners' association may not adopt a provision
in a dedicatory instrument that prohibits or unreasonably
restricts, or enforce a provision in a dedicatory instrument in a
manner that prohibits or unreasonably restricts, a property owner
from xeriscaping the owner's property.
SECTION 3. This Act takes effect September 1, 2013.