By: Harris Davila, Isaac, Troxclair, Button, H.B. No. 517
Luther, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a property owners' association to
assess a fine for discolored vegetation or turf during a period of
residential watering restriction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 202, Property Code, is amended by adding
Section 202.008 to read as follows:
Sec. 202.008. LIMITATION ON FINES DURING RESIDENTIAL WATER
RESTRICTION. (a) For the purposes of this section, "residential
watering restriction" means a temporary restriction of water use to
irrigate residential vegetation or turf that is mandated by a
municipality, water utility, or other wholesale or retail water
supplier as part of a strategy to conserve water during a period of
drought.
(b) A property owners' association may not assess a fine
against a property owner for a violation of an applicable
restrictive covenant that requires the owner to plant or install
grass or turf or maintain green vegetation or turf or prohibits
discolored or brown vegetation or turf on the property:
(1) during a period when the owner's property is
subject to a residential watering restriction under which
discolored or brown vegetation or turf could reasonably result; and
(2) before the 60th day after the date a residential
watering restriction described by Subdivision (1) is lifted.
SECTION 2. This Act takes effect September 1, 2025.