Bill > HB5387

This bill adds a new section to the Texas Property Code that limits the ability of property owners' associations (HOAs) to fine homeowners for having discolored or brown vegetation during a residential water restriction. The bill defines a "residential watering restriction" as a temporary limit on water use for irrigating residential landscaping, imposed by a municipality, water utility, or water supplier during a drought. Under this proposed law, HOAs cannot assess fines against property owners for violating covenant requirements to maintain green vegetation when the property is subject to water restrictions that could reasonably cause vegetation to become discolored or brown. The prohibition on fines extends for a reasonable period after the water restriction is lifted. This legislation aims to protect homeowners from potential fines during drought conditions when maintaining green landscaping is challenging due to water use limitations. The bill is set to take effect on September 1, 2025.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB5387