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HB 5387

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 Terry Wilson

Texas bill prevents HOAs from fining residents for brown lawns during government-mandated water restrictions, prioritizing drought conservation over aesthetic codes.

Referred to Trade, Workforce & Economic Development
#drought(s0281) #propertyinterests--propertyownersassociation(i0618) #water--conservation(i097l)
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Bill Summary · HB 5387

Legislative bill overview

HB 5387 prohibits property owners' associations (HOAs) from fining residents for having discolored vegetation or turf during periods when local water restrictions are in effect. The bill creates an exemption from HOA enforcement authority specifically when residential watering is restricted by government mandate or voluntary conservation measures.

Why is this important

During droughts or water emergencies, municipalities impose watering restrictions to conserve water, but residents can still face HOA penalties for brown lawns—creating a conflict between legal compliance and community rules. This bill resolves that conflict by preventing HOAs from punishing residents for following government-mandated water conservation, which could encourage public participation in water-saving efforts without financial penalty.

Potential points of contention

  • HOA autonomy vs. government authority: HOAs argue they need enforcement power to maintain property values and community aesthetics; this bill prioritizes government water policy over HOA governance standards
  • Definition ambiguity: The bill may need clearer language defining what constitutes an "official" watering restriction and which voluntary programs qualify for protection
  • Economic impact on property values: Some argue that widespread brown lawns during restrictions could depress neighborhood property values, offsetting water conservation benefits
  • Burden on HOAs: HOAs would need to monitor local water restrictions to know when enforcement powers are suspended, creating administrative complications

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

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