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.