2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 202 - Construction and Enforcement of Restrictive Covenants › Section 202.007. Certain Restrictive Covenants Prohibited

Sec. 202.007.  CERTAIN RESTRICTIVE COVENANTS PROHIBITED.  (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 system;
(3)  implementing efficient irrigation systems, including underground drip or other drip systems; or
(4)  using drought-resistant landscaping or water-conserving natural turf.
(b)  A provision that violates Subsection (a) is void.
(c)  A property owners' association may restrict the type of turf used by a property owner in the planting of new turf to encourage or require water-conserving turf.
(d)  This section does not:
(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 property:
(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 of a property owner;
(3)  prohibit a property owners' association from regulating the installation of efficient irrigation systems, including establishing visibility limitations for aesthetic purposes;
(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 property if:
(A)  the property is:
(i)  owned by the property owners' association;
(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
(B)  the barrel or system:
(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 manufactured;
(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 common area if:
(A)  the restriction does not prohibit the economic installation of the device or appurtenance on the property owner's property; and
(B)  there is a reasonably sufficient area on the property owner's property in which to install the device or appurtenance; 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.
(d-1)  A property owners' association may not unreasonably deny or withhold approval of a proposed installation of drought-resistant landscaping or water-conserving natural turf under Subsection (d)(8) or unreasonably determine that the proposed installation is aesthetically incompatible with other landscaping in the subdivision.
(e)  This section does not apply to a property owners' association that:
(1)  is located in a municipality with a population of more than 175,000 that is located in a county in which another municipality with a population of more than one million is predominantly located;  and
(2)  manages or regulates a development in which at least 4,000 acres of the property is subject to a covenant, condition, or restriction designating the property for commercial use, multifamily dwellings, or open space.
Added by Acts 2003, 78th Leg., ch. 1024, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1311 (H.B. 3391), Sec. 6, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 736 (S.B. 198), Sec. 1, eff. September 1, 2013.