Went before the Texas Legislature on Monday - =


Here is where you can e-mail representatives -
http://www.capitol.state.tx.us/fyi/fyi.htm and ask them to support it. =

Jason Spangler should like
this. =
=


78R2860 PAM-F

By: Puente H.B.
No. 645



A BILL TO BE ENTITLED


AN ACT


relating to prohibiting the creation or enforcement of certain =

restrictive covenants that undermine water conservation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
TEXAS: =

SECTION 1. Chapter 202, Property Code, is amended by adding =

Section 202.007 to read as follows:
Sec. 202.007. CERTAIN RESTRICTIVE COVENANTS PROHIBITED. =

(a) A property owners' association may not include or enforce a =

provision in a dedicatory instrument that:
(1) prohibits or restricts a property owner
from: =

(A) implementing landscaping design, =

installation, or maintenance standards that result in water =

conservation, including standards relating to the use of native or =

other drought tolerant plants, shrubs, trees, or grasses;
(B) implementing measures promoting solid waste =

composting of vegetation, including grass clippings, leaves, or =

brush, or leaving grass clippings uncollected on grass;
(C) implementing efficient irrigation systems, =

including underground drip or other drip systems;
(D) installing rain barrels or a rain water =

harvesting system; =

(E) landscaping a lot or parcel in a native or =

vegetative state; =

(F) adding additional soil or compost,
including =

sludge compost; =

(G) installing turf
areas; =

(H) installing appurtenances, including patios, =

decks, walkways, or sidewalks; or
(I) implementing or installing any other water =

conservation practices; or
(2) requires a property owner
to: =

(A) follow a defined irrigation schedule unless =

the water supplier for the property mandates the irrigation =

schedule to curtail outdoor water use;
(B) maintain the landscape at a specified level =

that requires the owner to irrigate the property;
(C) install and use an automatic underground =

irrigation system; or =

(D) install and maintain a specific variety or
a =

limited choice of varieties of turf grass.
(b) A provision that violates Subsection (a) is
void. =

SECTION 2. (a) This Act takes effect September 1,
2003. =

(b) The change in law made by this Act applies to a provision =

in a dedicatory instrument as that term is defined by Section =

202.001(1), Property Code, regardless of when the provision was =

adopted. =


-- =

J. Kolenovsky, A+, Network +, MCP
=F4=BF=F4 - http://www.celestialhabitats.com - commercial
=F4=BF=F4 - http://www.hal-pc.org/~garden/personal.html