The Texas Legislature has just begun its 89th Session, and proposed legislation has already been introduced to limit the ability of Texas property owners’ associations to impose fines for dried or browning vegetation during drought periods.
House Bill 359 by Rep. Vikki Goodwin (D – Austin) proposes to add a new Section 202.008 to the Texas Property Code.
The text of HB359 appears below. The Bill Analysis is not yet available, so there are no specifics on what led to the perceived need for the Act, but it’s not hard to imagine some HOA imposing fines for an owner’s brown lawn at the same time that a water utility has imposed watering restrictions. Given the bi-partisan companion bills, it is likely that there is a bad actor that necessitated this legislation.
The official caption of the proposal states that it relates “to the authority of a property owners’ association to assess a fine for discolored vegetation or turf during a period of residential watering restriction.”
House Bill 517 by Rep. Caroline Harris Davila (R – Round Rock) is a duplicate, and an identical bill (SB 542) was filed in the Texas Senate By Sen. Charles Schwertner (R- Georgetown)
If adopted, the new Section would become effective on September 1, 2025.
Text of HB 359 by Goodwin:
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’ Previous 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.
