HB1432 - Relating to restrictive covenants regulating certain landscaping and water conservation practices.

  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.