H.B. No. 5387 amends the Texas Property Code by adding Section 202.008, which establishes limitations on the authority of property owners' associations to impose fines for discolored vegetation or turf during periods of residential watering restrictions. The bill defines "residential watering restriction" as a temporary limitation on water use for irrigation mandated by municipalities or water suppliers to conserve water during drought conditions. Under this new provision, property owners' associations are prohibited from assessing fines against property owners for violations of restrictive covenants related to maintaining green vegetation or prohibiting discolored vegetation when such discoloration is a direct result of these watering restrictions.
Additionally, the bill stipulates that property owners cannot be fined for a reasonable period after the lifting of a watering restriction, allowing for time to restore their vegetation. This legislation aims to protect homeowners from penalties that may arise due to circumstances beyond their control, particularly during droughts when water conservation measures are in place. The act is set to take effect on September 1, 2025.
Statutes affected: Introduced: ()