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HB 359

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.

89th Legislature (2025) Introduced by Vikki Goodwin

Texas bill prevents HOAs from fining residents for brown yards during government-mandated water restrictions, protecting drought-compliant property owners from aesthetic penalty conflicts.

Referred to Trade, Workforce & Economic Development
#environment--water(i0320) #propertyinterests--propertyownersassociation(i0618) #restrictivecovenants(s0299) #utilities--water&sewer(i0002)
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Bill Summary · HB 359

Legislative bill overview

HB 359 limits the authority of homeowners associations (HOAs) to fine residents for discolored vegetation or turf during periods when local water restrictions are in effect. The bill prevents HOAs from penalizing property owners who comply with mandatory watering restrictions imposed by municipalities or water authorities, even if compliance results in brown or damaged landscaping.

Why is this important

This addresses a real conflict between environmental/drought management policies and HOA aesthetic enforcement powers. Residents in water-restricted areas can face dual compliance burdens—following government water conservation mandates while simultaneously risking HOA fines for the visual consequences. The bill protects residents from financial penalties for lawful behavior during drought conditions or water emergencies.

Potential points of contention

  • HOA autonomy vs. regulatory limits: Property owners associations argue community aesthetic standards are essential to property values and community appearance; opponents say HOA rules shouldn't contradict public water conservation policy
  • Definition and documentation of restrictions: Questions about what constitutes an official "watering restriction," who determines it, and how HOAs verify compliance status
  • Scope limitations: Unclear whether this applies only to mandatory restrictions or also voluntary conservation periods, and whether it covers all types of vegetation or just turf grass

Compiled from official sources — confirm details with the bill’s official record.

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