HB648 - Relating to the regulation of clotheslines by a property owners' association.

  89R23704 JBD-D     By: Cortez H.B. No. 648     Substitute the following for H.B. No. 648:     By:  Button C.S.H.B. No. 648       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of clotheslines by a property owners'   association.          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.     REGULATION OF CLOTHESLINES. (a)   This   section does not apply to a condominium as defined by Section 81.002   or 82.003.           (b)     Except as otherwise provided by this section, a property   owners' association may not include or enforce a provision in a   dedicatory instrument that prohibits or restricts a property owner   from installing or using a clothesline on the owner's property for   the purpose of drying laundry, provided the clothesline is not in an   area visible from ground level from another lot or from an adjoining   or adjacent street.           (c)  A provision that violates Subsection (b) is void.           (d)     This section does not prohibit the inclusion or   enforcement of a provision in a dedicatory instrument that:                 (1)  prohibits a clothesline that:                       (A)  as adjudicated by a court:                             (i)     threatens the public health or safety;   or                             (ii)  violates a law;                       (B)     is located on property owned or maintained by   the property owners' association;                       (C)     is located on property owned in common by the   members of the property owners' association; or                       (D)     is visible above the fence line of a fenced   yard or patio maintained by the property owner; or                 (2)     prohibits or requires prior approval of the   property owners' association for a clothesline located:                       (A)     in or on a front or side yard or patio   maintained by the property owner; or                       (B)     in an area of a back or side yard or patio   that:                             (i)  is not fenced; or                             (ii)     is fenced with chain-link fencing or   another fencing material that is not primarily opaque and solid.          SECTION 2.  This Act takes effect September 1, 2025.