HB5387 - 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.

      By: Wilson H.B. No. 5387       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.