Texas House Bill HB 5387

Texas 2025 - 89th Regular

• Filed: 3/14/25

Caption

Relating to the authority of a property owners' association to assess a fine for discolored vegetation or turf during a period of residential watering restriction.

Summary

HB 5387 would add a new section to Chapter 202 of the Texas Property Code limiting when a property owners’ association (POA) may fine a homeowner for grass or vegetation that turns brown or discolored. The bill applies when the property is subject to a temporary residential watering restriction imposed by a municipality, water utility, or other water supplier as part of drought-related conservation efforts. During that restriction, and for a reasonable period afterward, a POA could not assess a fine based on covenant language requiring green turf or prohibiting brown or discolored vegetation if the discoloration could reasonably result from the watering restriction. The bill is aimed at preventing homeowners from being penalized for complying with local or utility-imposed water conservation rules. It does not eliminate the underlying covenant requirements, but it temporarily limits enforcement through fines in the specific context of drought restrictions. The act would take effect September 1, 2025.

Impact

HB 5387 would amend Texas property law by creating a statutory limitation on POA enforcement authority under Chapter 202 of the Property Code. It would restrict fines tied to landscaping covenants during drought-related watering bans and for a reasonable period after those restrictions end, affecting homeowners, property owners’ associations, and potentially municipal or utility water conservation programs. The bill would not broadly change deed restrictions, but it would preempt POA fine authority in this narrow circumstance.

Sentiment

The available record shows no committee testimony or recorded votes, so there is no direct evidence of support or opposition from the legislative process in the provided materials. Based on the bill’s text, the measure appears consumer-protective and homeowner-friendly, with an emphasis on fairness during drought conditions and compliance with water conservation rules. Its framing suggests likely practical appeal to residents facing watering restrictions and to policymakers concerned with drought management.

Contention

The main point of contention is the balance between homeowner compliance with water restrictions and a POA’s ability to enforce aesthetic or maintenance covenants. Supporters would likely argue that homeowners should not be fined for brown turf caused by mandatory conservation measures, while opponents or cautious stakeholders may worry the bill limits association enforcement discretion or could create disputes over what counts as a “reasonable period” after restrictions are lifted. The bill also leaves some ambiguity in how long post-restriction protection lasts and how directly the discoloration must be tied to the watering restriction.