Texas Legislation To Allow Drought-Resistant Yards in HOAs

To battle the 3-year-old drought, many Texans homeowners are cutting back on their water use by switching to drought-friendly landscaping; however, some find an obstacle in their way: Homeowners Associations (HOAs). A new bill in the Texas state legislature would change that.

Senate Bill 198, by State Senator Kirk Watson, would allow homeowners in an HOA to switch to a more climate-appropriate lawn. "It's about personal property rights," Watson testified as he presented his bill to the State Senate Natural Resources Committee. "It's about allowing Texans to protect themselves from drought and manage their water bills."

The bill would amend the state property code to allow Texans living under HOAs to install drought-resistant landscaping or water-conserving turf. The list of organizations who favor the bill include real estate and builders associations, environmental groups, and even Home Depot. No one testified against the bill. The bill passed the committee unanimously, and now heads to the Senate.

According to the act, a property owners association may not include or enforce a provision in a dedicatory instrument prohibits or restricts a property owner from: implementing efficient irrigation systems, including underground drip or other drip systems or using drought resistant landscaping or water conserving turf.

https://legiscan.com/TX/research/SB198/2011