HB 1432

relating to restrictive covenants regulating certain landscaping
and water conservation practices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Sections 202.007(a) and (d), Property Code, are
(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
(3)  implementing efficient irrigation systems,
including underground drip or other drip systems; [or]
(4)  using drought-resistant landscaping in lieu of
(5)  using water-conserving natural turf.
(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
(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
(3)  prohibit a property owners' association from
regulating the installation of efficient irrigation systems,
including establishing visibility limitations for aesthetic
(4)  prohibit a property owners' association from
regulating the installation or use of gravel, rocks, or cacti;
(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
(i)  owned by the property owners'
(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
(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
(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
(A)  the restriction does not prohibit the
economic installation of the device or appurtenance on the property
(B)  there is a reasonably sufficient area on the
property owner's property in which to install the device or
(8)  prohibit a property owners' association from
requiring an owner to submit a detailed description or a plan for
the installation of drought-resistant landscaping or
water-conserving natural turf for review and approval by the
property owners' association to ensure, to the extent practicable,
maximum aesthetic compatibility with other landscaping in the
subdivision, provided that a property owners' association:
(A)  shall accept an outline and diagram or
representation for the installation submitted by the owner; and
(B)  may not require an owner to submit a detailed
description or plan prepared by a landscape architect or other
professional provider of landscaping services.
SECTION 2.  Section 202.007(e), Property Code, is repealed.
SECTION 3.  This Act takes effect September 1, 2025.