Texas 2013 - 83rd Regular

Texas House Bill HB449 Compare Versions

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Old	New	Differences
1	1	83R12923 TJS-D
2	2	By: Dukes, et al. H.B. No. 449
3	3	Substitute the following for H.B. No. 449:
4	4	By: Johnson C.S.H.B. No. 449
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to restrictive covenants regulating drought-resistant
10	10	landscaping or water-conserving natural turf.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 202.007, Property Code, is amended by
13	13	amending Subsections (a) and (d) and adding Subsection (d-1) to
14	14	read as follows:
15	15	(a) A property owners' association may not include or
16	16	enforce a provision in a dedicatory instrument that prohibits or
17	17	restricts a property owner from:
18	18	(1) implementing measures promoting solid-waste
19	19	composting of vegetation, including grass clippings, leaves, or
20	20	brush, or leaving grass clippings uncollected on grass;
21	21	(2) installing rain barrels or a rainwater harvesting
22	22	system; [or]
23	23	(3) implementing efficient irrigation systems,
24	24	including underground drip or other drip systems; or
25	25	(4) using drought-resistant landscaping or
26	26	water-conserving natural turf.
27	27	(d) This section does not:
28	28	(1) restrict a property owners' association from
29	29	regulating the requirements, including size, type, shielding, and
30	30	materials, for or the location of a composting device if the
31	31	restriction does not prohibit the economic installation of the
32	32	device on the property owner's property where there is reasonably
33	33	sufficient area to install the device;
34	34	(2) require a property owners' association to permit a
35	35	device described by Subdivision (1) to be installed in or on
36	36	property:
37	37	(A) owned by the property owners' association;
38	38	(B) owned in common by the members of the
39	39	property owners' association; or
40	40	(C) in an area other than the fenced yard or patio
41	41	of a property owner;
42	42	(3) prohibit a property owners' association from
43	43	regulating the installation of efficient irrigation systems,
44	44	including establishing visibility limitations for aesthetic
45	45	purposes;
46	46	(4) prohibit a property owners' association from
47	47	regulating the installation or use of gravel, rocks, or cacti;
48	48	(5) restrict a property owners' association from
49	49	regulating yard and landscape maintenance if the restrictions or
50	50	requirements do not restrict or prohibit turf or landscaping design
51	51	that promotes water conservation;
52	52	(6) require a property owners' association to permit a
53	53	rain barrel or rainwater harvesting system to be installed in or on
54	54	property if:
55	55	(A) the property is:
56	56	(i) owned by the property owners'
57	57	association;
58	58	(ii) owned in common by the members of the
59	59	property owners' association; or
60	60	(iii) located between the front of the
61	61	property owner's home and an adjoining or adjacent street; or
62	62	(B) the barrel or system:
63	63	(i) is of a color other than a color
64	64	consistent with the color scheme of the property owner's home; or
65	65	(ii) displays any language or other content
66	66	that is not typically displayed by such a barrel or system as it is
67	67	manufactured; [or]
68	68	(7) restrict a property owners' association from
69	69	regulating the size, type, and shielding of, and the materials used
70	70	in the construction of, a rain barrel, rainwater harvesting device,
71	71	or other appurtenance that is located on the side of a house or at
72	72	any other location that is visible from a street, another lot, or a
73	73	common area if:
74	74	(A) the restriction does not prohibit the
75	75	economic installation of the device or appurtenance on the property
76	76	owner's property; and
77	77	(B) there is a reasonably sufficient area on the
78	78	property owner's property in which to install the device or
79	79	appurtenance; or
80	80	(8) prohibit a property owners' association from
81	81	requiring an owner to submit a detailed description or a plan for
82	82	the installation of drought-resistant landscaping or
83	83	water-conserving natural turf for review and approval by the
84	84	property owners' association to ensure, to the extent practicable,
85	85	maximum aesthetic compatibility with other landscaping in the
86	86	subdivision.
87	87	(d-1) A property owners' association may not unreasonably
88	88	deny or withhold approval of a proposed installation of
89	89	drought-resistant landscaping or water-conserving natural turf
90	90	under Subsection (d)(8) or unreasonably determine that the proposed
91	91	installation is aesthetically incompatible with other landscaping
92	92	in the subdivision.
93	93	SECTION 2. This Act takes effect September 1, 2013.