89R1958 CS-D
By: Schwertner S.B. No. 542
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 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) for a reasonable period of time after a
residential watering restriction described by Subdivision (1) is
lifted.
SECTION 2. This Act takes effect September 1, 2025.