Bill > HB359

This bill addresses the ability of property owners' associations (HOAs) to fine homeowners for brown or discolored vegetation during water restrictions. Specifically, the bill defines a "residential watering restriction" as a temporary limitation on water use for landscaping, imposed by a municipality, water utility, or water supplier during a drought. Under the new law, HOAs cannot assess fines against property owners for covenant violations related to maintaining green vegetation or prohibiting brown/discolored turf when: 1) the property is subject to water restrictions that could reasonably cause vegetation discoloration, and 2) for a reasonable period after those water restrictions are lifted. This legislation aims to protect homeowners from being penalized for landscape conditions that are beyond their control during periods of mandatory water conservation, recognizing that maintaining green vegetation is challenging when water use is limited. The bill is set to take effect on September 1, 2025, giving HOAs and homeowners time to prepare for the new regulation.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB359