| 1 | 1 | | By: Watson S.B. No. 198 |
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| 2 | 2 | | (Dukes) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to restrictive covenants regulating drought-resistant |
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| 8 | 8 | | landscaping or water-conserving natural turf. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 202.007, Property Code, is amended by |
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| 11 | 11 | | amending Subsections (a) and (d) and adding Subsection (d-1) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (a) A property owners' association may not include or |
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| 14 | 14 | | enforce a provision in a dedicatory instrument that prohibits or |
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| 15 | 15 | | restricts a property owner from: |
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| 16 | 16 | | (1) implementing measures promoting solid-waste |
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| 17 | 17 | | composting of vegetation, including grass clippings, leaves, or |
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| 18 | 18 | | brush, or leaving grass clippings uncollected on grass; |
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| 19 | 19 | | (2) installing rain barrels or a rainwater harvesting |
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| 20 | 20 | | system; [or] |
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| 21 | 21 | | (3) implementing efficient irrigation systems, |
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| 22 | 22 | | including underground drip or other drip systems; or |
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| 23 | 23 | | (4) using drought-resistant landscaping or |
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| 24 | 24 | | water-conserving natural turf. |
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| 25 | 25 | | (d) This section does not: |
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| 26 | 26 | | (1) restrict a property owners' association from |
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| 27 | 27 | | regulating the requirements, including size, type, shielding, and |
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| 28 | 28 | | materials, for or the location of a composting device if the |
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| 29 | 29 | | restriction does not prohibit the economic installation of the |
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| 30 | 30 | | device on the property owner's property where there is reasonably |
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| 31 | 31 | | sufficient area to install the device; |
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| 32 | 32 | | (2) require a property owners' association to permit a |
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| 33 | 33 | | device described by Subdivision (1) to be installed in or on |
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| 34 | 34 | | property: |
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| 35 | 35 | | (A) owned by the property owners' association; |
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| 36 | 36 | | (B) owned in common by the members of the |
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| 37 | 37 | | property owners' association; or |
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| 38 | 38 | | (C) in an area other than the fenced yard or patio |
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| 39 | 39 | | of a property owner; |
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| 40 | 40 | | (3) prohibit a property owners' association from |
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| 41 | 41 | | regulating the installation of efficient irrigation systems, |
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| 42 | 42 | | including establishing visibility limitations for aesthetic |
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| 43 | 43 | | purposes; |
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| 44 | 44 | | (4) prohibit a property owners' association from |
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| 45 | 45 | | regulating the installation or use of gravel, rocks, or cacti; |
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| 46 | 46 | | (5) restrict a property owners' association from |
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| 47 | 47 | | regulating yard and landscape maintenance if the restrictions or |
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| 48 | 48 | | requirements do not restrict or prohibit turf or landscaping design |
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| 49 | 49 | | that promotes water conservation; |
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| 50 | 50 | | (6) require a property owners' association to permit a |
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| 51 | 51 | | rain barrel or rainwater harvesting system to be installed in or on |
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| 52 | 52 | | property if: |
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| 53 | 53 | | (A) the property is: |
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| 54 | 54 | | (i) owned by the property owners' |
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| 55 | 55 | | association; |
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| 56 | 56 | | (ii) owned in common by the members of the |
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| 57 | 57 | | property owners' association; or |
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| 58 | 58 | | (iii) located between the front of the |
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| 59 | 59 | | property owner's home and an adjoining or adjacent street; or |
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| 60 | 60 | | (B) the barrel or system: |
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| 61 | 61 | | (i) is of a color other than a color |
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| 62 | 62 | | consistent with the color scheme of the property owner's home; or |
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| 63 | 63 | | (ii) displays any language or other content |
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| 64 | 64 | | that is not typically displayed by such a barrel or system as it is |
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| 65 | 65 | | manufactured; [or] |
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| 66 | 66 | | (7) restrict a property owners' association from |
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| 67 | 67 | | regulating the size, type, and shielding of, and the materials used |
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| 68 | 68 | | in the construction of, a rain barrel, rainwater harvesting device, |
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| 69 | 69 | | or other appurtenance that is located on the side of a house or at |
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| 70 | 70 | | any other location that is visible from a street, another lot, or a |
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| 71 | 71 | | common area if: |
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| 72 | 72 | | (A) the restriction does not prohibit the |
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| 73 | 73 | | economic installation of the device or appurtenance on the property |
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| 74 | 74 | | owner's property; and |
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| 75 | 75 | | (B) there is a reasonably sufficient area on the |
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| 76 | 76 | | property owner's property in which to install the device or |
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| 77 | 77 | | appurtenance; or |
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| 78 | 78 | | (8) prohibit a property owners' association from |
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| 79 | 79 | | requiring an owner to submit a detailed description or a plan for |
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| 80 | 80 | | the installation of drought-resistant landscaping or |
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| 81 | 81 | | water-conserving natural turf for review and approval by the |
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| 82 | 82 | | property owners' association to ensure, to the extent practicable, |
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| 83 | 83 | | maximum aesthetic compatibility with other landscaping in the |
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| 84 | 84 | | subdivision. |
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| 85 | 85 | | (d-1) A property owners' association may not unreasonably |
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| 86 | 86 | | deny or withhold approval of a proposed installation of |
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| 87 | 87 | | drought-resistant landscaping or water-conserving natural turf |
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| 88 | 88 | | under Subsection (d)(8) or unreasonably determine that the proposed |
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| 89 | 89 | | installation is aesthetically incompatible with other landscaping |
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| 90 | 90 | | in the subdivision. |
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| 91 | 91 | | SECTION 2. This Act takes effect September 1, 2013. |
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