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

On Wed, 26 Feb 2003 18:28:55 -0600, J Kolenovsky
wrote:

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

Thanks for the heads up. This could be of especially helpful in
subdivisions where covenants were written long before water resources
were (understood to be) the issue they are today.

Or where the neighborhood lawn constabulary arbitrarily favors pansies
over slender vervain.

Terry, thanks for your support.

Especially Section 202.007 - A. 1. A (drought tolerant natives), A. 1. B
(composting) and
A. 1. E. (landscaping a parcel of land). Yesterday I met with some folks
at Harris County Flood Control District and found out about FEMA's HMGP
(Hazard Mitigation Grant Program) and how abundant "open space" is and
will come into the county. I have met people who would plant natives and
buck the trend if only the HOA would back off its stand. There are
subdivisions in Houston where HOA's have leased the land from the gov't
and dedicated it to a community need to keep property values up. Thats
an irony in inself.

Tropical Storm Allison was good for Houston...

in the sense that the Federal buyout program has and will continue to
bring into the county large numbers of open space. FEMA has a program
,HMGP (Hazard Mitigation Grant Program), that allows flood control
districts to buy homes to reduce future flood damage. The land the
homes are on must be forever dedicated and maintained as open space.
http://www.fema.gov/fima/hmgp/ Some of the HMGP guidelines that define
standards and acceptable uses for open space and appeal to
conservation groups allow for wetland restoration, wildlife refuges,
bird
sanctuaries, habitats, and community gardens/farms. The Brownwood
subdivision in Baytown, TX was turned into a huge nature refuge,
http://www.enn.com/features/1999/12/...ytown_7399.asp and
http://www.chron.com/cs/CDA/story.hts/storm2001/982409. Civic
associations, special-interest groups, private enterprise and
individuals apply to take over management of the land, persuant to
rules and regulations of FEMA. Once flooded, these lands are returned to
a
state of accomodating community needs and thus, increase the quality
of life in that community. Thats not bad for a storm having passed
through. Please be sure to see
http://www.awra.org/state/tx/acrobat/ivey.pdf to get the real feel for
the extensiveness of this storm so that you may understand what is
happening now as a result of it. =


Terry Horton wrote:
=

On Wed, 26 Feb 2003 18:28:55 -0600, J Kolenovsky
wrote:
=

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
=

Thanks for the heads up. This could be of especially helpful in
subdivisions where covenants were written long before water resources
were (understood to be) the issue they are today.
=

Or where the neighborhood lawn constabulary arbitrarily favors pansies
over slender vervain.

Yes, many, many far better choices than these.

-- =

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

I printed off a copy and sent it to our City Manager in Round Rock. They
already have ordinance in place for commercial landscaping to use natives and
drought tolerant plant matter and mulch, but nothing for homeowners.

I would like to see an ordinance which says the builders can only put a certain
amount of turf on any given property, relatively speaking. That they must only
give choices of foundation plants which are native, never again use a
D.domestica and to encourage native grasses so some of the wildlife has some
refuge after the bulldozers bash it all down. Also, they should never again be
allowed to kill a tree, or remove any topsoil from any site.

I don't find that too radical, do you?

Of course the main issue of this HR is to help with these tight ass homeowner
associations who want azaleas and silver maples! But maybe more can come of it
if we squeak loud enough.

Victoria

On Thu, 27 Feb 2003 23:23:48 -0600, J Kolenovsky wrote:

Terry, thanks for your support.

Especially Section 202.007 - A. 1. A (drought tolerant natives), A. 1. B
(composting) and
A. 1. E. (landscaping a parcel of land). Yesterday I met with some folks
at Harris County Flood Control District and found out about FEMA's HMGP
(Hazard Mitigation Grant Program) and how abundant "open space" is and
will come into the county. I have met people who would plant natives and
buck the trend if only the HOA would back off its stand. There are
subdivisions in Houston where HOA's have leased the land from the gov't
and dedicated it to a community need to keep property values up. Thats
an irony in inself.

Tropical Storm Allison was good for Houston...

in the sense that the Federal buyout program has and will continue to
bring into the county large numbers of open space. FEMA has a program
,HMGP (Hazard Mitigation Grant Program), that allows flood control
districts to buy homes to reduce future flood damage. The land the
homes are on must be forever dedicated and maintained as open space.
http://www.fema.gov/fima/hmgp/ Some of the HMGP guidelines that define
standards and acceptable uses for open space and appeal to
conservation groups allow for wetland restoration, wildlife refuges,
bird
sanctuaries, habitats, and community gardens/farms. The Brownwood
subdivision in Baytown, TX was turned into a huge nature refuge,
http://www.enn.com/features/1999/12/...ytown_7399.asp and
http://www.chron.com/cs/CDA/story.hts/storm2001/982409. Civic
associations, special-interest groups, private enterprise and
individuals apply to take over management of the land, persuant to
rules and regulations of FEMA. Once flooded, these lands are returned to
a
state of accomodating community needs and thus, increase the quality
of life in that community. Thats not bad for a storm having passed
through. Please be sure to see
http://www.awra.org/state/tx/acrobat/ivey.pdf to get the real feel for
the extensiveness of this storm so that you may understand what is
happening now as a result of it.

Terry Horton wrote:

On Wed, 26 Feb 2003 18:28:55 -0600, J Kolenovsky
wrote:

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

Thanks for the heads up. This could be of especially helpful in
subdivisions where covenants were written long before water resources
were (understood to be) the issue they are today.

Or where the neighborhood lawn constabulary arbitrarily favors pansies
over slender vervain.

Yes, many, many far better choices than these.

animaux wrote:
=

I printed off a copy and sent it to our City Manager in Round Rock. Th=
ey
already have ordinance in place for commercial landscaping to use nativ=
es and
drought tolerant plant matter and mulch, but nothing for homeowners.
Thats a start.
I would like to see an ordinance which says the builders can only put a=
certain
amount of turf on any given property, relatively speaking. That they m=
ust only
give choices of foundation plants which are native,
amen
never again use a
D.domestica
amen
and to encourage native grasses so some of the wildlife has some
refuge after the bulldozers bash it all down. Also, they should never =
again be
allowed to kill a tree,
amen
or remove any topsoil from any site.
amen
=

I don't find that too radical, do you?
Not at all
Of course the main issue of this HR is to help with these tight ass hom=
eowner
associations who want azaleas and silver maples! But maybe more can c=
ome of it
if we squeak loud enough.
Especially, when these representatives have e-mail. It is so easy to get
in touch with their offices.
http://www.capitol.state.tx.us/fyi/fyi.htm is great becasue you can
search so many ways to find these delegates from all throughout the
state.

For instance, go to http://www.capitol.state.tx.us/, type in HB 645 in
the "quick bill status" box, hit go, you arrive at
http://www.capitol.state.tx.us/cgi-b...ctions.d2w/re=
port?LEG=3D78&SESS=3DR&CHAMBER=3DH&BILLTYPE=3DB&BI LLSUFFIX=3D00645.
Fron there, you can click "history" of a bill and then click the
committee its in, =

http://www.capitol.state.tx.us/cgi-b.../legislation.=
d2w/report?LEG=3D78&SESS=3DR&CMTECODE=3DC360.
There you can see all the delegates with their bills introduced to the
floor and assigned to a committee. This link to Land & Resource
Management had 21 bills pending. If you have a bill of great concern,
you cab sign up for e-mail alert when changes occur to it.

The representatives who are backing Puentes from San Antonio on HB 645
a

Mowery FT Worth 512 463 0608
Jones Dallas 512 463 0664
Pickett El Paso 513 463 0596
Goolsby Dallas 512 463 0454
Haggerty El Paso 512 463 0728
Hochberg Houston 512 463 0492
Howard Sugarland 512 463 0710 =

Noriega Houston 512 463 0732

Office Clerk - Trey Beck 512 463 1623

Don't forget John Coryn, Kay Bailey Hutchison and Rick Perry.

Yes, if we speak loud enough and get in touch with these incumbents,
changes can be made for the better.
=

Victoria

J. Kolenovsky
=

On Thu, 27 Feb 2003 23:23:48 -0600, J Kolenovsky wr=
ote:
=

Terry, thanks for your support.

Especially Section 202.007 - A. 1. A (drought tolerant natives), A. 1.=
B
(composting) and
A. 1. E. (landscaping a parcel of land). Yesterday I met with some fol=
ks
at Harris County Flood Control District and found out about FEMA's HMG=
P
(Hazard Mitigation Grant Program) and how abundant "open space" is and=

will come into the county. I have met people who would plant natives a=
nd
buck the trend if only the HOA would back off its stand. There are
subdivisions in Houston where HOA's have leased the land from the gov'=
t
and dedicated it to a community need to keep property values up. Thats=

an irony in inself.

Tropical Storm Allison was good for Houston...

in the sense that the Federal buyout program has and will continue to
bring into the county large numbers of open space. FEMA has a program
,HMGP (Hazard Mitigation Grant Program), that allows flood control
districts to buy homes to reduce future flood damage. The land the
homes are on must be forever dedicated and maintained as open space.
http://www.fema.gov/fima/hmgp/ Some of the HMGP guidelines that define=

standards and acceptable uses for open space and appeal to
conservation groups allow for wetland restoration, wildlife refuges,
bird
sanctuaries, habitats, and community gardens/farms. The Brownwood
subdivision in Baytown, TX was turned into a huge nature refuge,
http://www.enn.com/features/1999/12/...ytown_7399.asp and
http://www.chron.com/cs/CDA/story.hts/storm2001/982409. Civic
associations, special-interest groups, private enterprise and
individuals apply to take over management of the land, persuant to
rules and regulations of FEMA. Once flooded, these lands are returned =
to
a
state of accomodating community needs and thus, increase the quality
of life in that community. Thats not bad for a storm having passed
through. Please be sure to see
http://www.awra.org/state/tx/acrobat/ivey.pdf to get the real feel for=

the extensiveness of this storm so that you may understand what is
happening now as a result of it.

Terry Horton wrote:

On Wed, 26 Feb 2003 18:28:55 -0600, J Kolenovsky =

wrote:

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=
=2EB.
No. 645

Thanks for the heads up. This could be of especially helpful in
subdivisions where covenants were written long before water resource=
s
were (understood to be) the issue they are today.

Or where the neighborhood lawn constabulary arbitrarily favors pansi=
es
over slender vervain.

Yes, many, many far better choices than these.

-- =

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