{"data":{"id":"us-tx/tex.-property-code-202.007","jurisdiction":"us-tx","citation":"Tex. Property Code § 202.007","heading":"CERTAIN RESTRICTIVE COVENANTS PROHIBITED.","body":"(a) A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from:\n(1) implementing measures promoting solid-waste composting of vegetation, including grass clippings, leaves, or brush, or leaving grass clippings uncollected on grass;\n(2) installing rain barrels or a rainwater harvesting system;\n(3) implementing efficient irrigation systems, including underground drip or other drip systems; or\n(4) using drought-resistant landscaping or water-conserving natural turf.\n(b) A provision that violates Subsection (a) is void.\n(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.\n(d) This section does not:\n(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;\n(2) require a property owners' association to permit a device described by Subdivision (1) to be installed in or on property:\n(A) owned by the property owners' association;\n(B) owned in common by the members of the property owners' association; or\n(C) in an area other than the fenced yard or patio of a property owner;\n(3) prohibit a property owners' association from regulating the installation of efficient irrigation systems, including establishing visibility limitations for aesthetic purposes;\n(4) prohibit a property owners' association from regulating the installation or use of gravel, rocks, or cacti;\n(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;\n(6) require a property owners' association to permit a rain barrel or rainwater harvesting system to be installed in or on property if:\n(A) the property is:\n(i) owned by the property owners' association;\n(ii) owned in common by the members of the property owners' association; or\n(iii) located between the front of the property owner's home and an adjoining or adjacent street; or\n(B) the barrel or system:\n(i) is of a color other than a color consistent with the color scheme of the property owner's home; or\n(ii) displays any language or other content that is not typically displayed by such a barrel or system as it is manufactured;\n(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:\n(A) the restriction does not prohibit the economic installation of the device or appurtenance on the property owner's property; and\n(B) there is a reasonably sufficient area on the property owner's property in which to install the device or appurtenance; or\n(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.\n(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.\n(e) This section does not apply to a property owners' association that:\n(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\n(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.\nAdded by Acts 2003, 78th Leg., ch. 1024, Sec. 1, eff. Sept. 1, 2003.\nAmended by:\nActs 2011, 82nd Leg., R.S., Ch. 1311 (H.B. 3391), Sec. 6, eff. September 1, 2011.\nActs 2013, 83rd Leg., R.S., Ch. 736 (S.B. 198), Sec. 1, eff. September 1, 2013.","path":["PROPERTY CODE","TITLE 11. RESTRICTIVE COVENANTS","CHAPTER 202. CONSTRUCTION AND ENFORCEMENT OF RESTRICTIVE COVENANTS"],"source_url":"https://statutes.capitol.texas.gov/Docs/PR/htm/PR.202.htm#202.007","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:37Z","sha256":"15a1a7a6261219958cbb605ffb9b869c8eaa5b0cff53758a85b0402de8e6ed2f","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-property-code-202.006","next":"us-tx/tex.-property-code-202.008"},"notice":"GroundRules: Original legal text. Not legal advice."}