| 2 | 4 | | |
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| 3 | 5 | | |
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| 4 | 6 | | A BILL TO BE ENTITLED |
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| 5 | 7 | | AN ACT |
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| 6 | 8 | | relating to the authority of a property owners' association to |
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| 7 | 9 | | assess a fine for discolored vegetation or turf during a period of |
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| 8 | 10 | | residential watering restriction. |
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| 9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 12 | | SECTION 1. Chapter 202, Property Code, is amended by adding |
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| 11 | 13 | | Section 202.008 to read as follows: |
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| 12 | 14 | | Sec. 202.008. LIMITATION ON FINES DURING RESIDENTIAL WATER |
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| 13 | 15 | | RESTRICTION. (a) For the purposes of this section, "residential |
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| 14 | 16 | | watering restriction" means a temporary restriction of water use to |
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| 15 | 17 | | irrigate residential vegetation or turf that is mandated by a |
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| 16 | 18 | | municipality, water utility, or other wholesale or retail water |
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| 17 | 19 | | supplier as part of a strategy to conserve water during a period of |
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| 18 | 20 | | drought. |
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| 19 | 21 | | (b) A property owners' association may not assess a fine |
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| 20 | 22 | | against a property owner for a violation of an applicable |
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| 21 | 23 | | restrictive covenant that requires the owner to maintain green |
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| 22 | 24 | | vegetation or turf or prohibits discolored or brown vegetation or |
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| 23 | 25 | | turf on the property: |
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| 24 | 26 | | (1) during a period when the owner's property is |
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| 25 | 27 | | subject to a residential watering restriction under which |
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| 26 | 28 | | discolored or brown vegetation or turf could reasonably result; and |
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| 27 | 29 | | (2) for a reasonable period of time after a |
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| 28 | 30 | | residential watering restriction described by Subdivision (1) is |
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| 29 | 31 | | lifted. |
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| 30 | 32 | | SECTION 2. This Act takes effect September 1, 2025. |
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