Bill Text: TX HB727 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to restrictive covenants regulating drought-resistant landscaping.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-03-19 - Left pending in committee [HB727 Detail]
Download: Texas-2013-HB727-Introduced.html
83R3914 NC-D | ||
By: Burkett | H.B. No. 727 |
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relating to restrictive covenants regulating drought-resistant | ||
landscaping. | ||
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; [ |
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(3) implementing efficient irrigation systems, | ||
including underground drip or other drip systems; or | ||
(4) using drought-resistant landscaping. | ||
(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 or[ |
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(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; or | ||
(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. | ||
SECTION 2. This Act takes effect September 1, 2013. |