Legislation put forward by Lake Travis-area representatives aiming to prevent homeowners associations from charging fees for brown or unwatered lawns was passed this session, local officials shared.
HB 359
A bill Rep. Vikki Goodwin’s team worked on heavily was House Bill 359, referred to by Goodwin as the “brown grass bill.” This bill aimed to prevent HOAs from fining homeowners for not watering their lawns during periods of drought.
Although HB 359 did not pass, a duplicate bill put forward by Rep. Caroline Harris Davila, HB 517, did.
“When I went and talked to groups, whether it was in Austin or some of the surrounding suburbs or even a couple of rural counties, people were very excited by that bill,” Goodwin said. “And I think the reason is that a lot of people are concerned about our water."
What they’re saying
The cities of Bee Cave and Lakeway, which both supported water conservation bills put forward by Goodwin, celebrated the passage of HB 517.
“The [city] of Bee Cave supports HB 517, which prevents HOAs from fining homeowners for not watering their lawns during drought restrictions,” Bee Cave Communications Director Crystal Cotti said. “Conserving water shouldn’t come with penalties–especially when nearly half of residential water use goes toward outdoor landscaping. This law empowers homeowners to make smart, water-conscious choices that encourage the protection of this vital natural resource.”
Lakeway City Manager Joseph Molis said that HB 517 reflected practices supported by Lakeway.
“HB 517 is a legislative limitation on HOAs, but it reflects a practice of the [city] of Lakeway in using discretionary authority in enforcement of [code] requirements due to mitigating circumstances, such as drought,” Molis said.
HB 1432
HB 1432, put forward by Goodwin, aimed to protect homeowners’ right to use drought-tolerant landscaping, sometimes known as “xeriscaping.”
“It's in state law currently [that] homeowners associations aren't supposed to ban homeowners from xeriscaping, but unfortunately the way the law was written — there have been cases where someone has xeriscaped their lawn and the HOA has said ‘you can't do that,’’ Goodwin said.
HB 1342 would have clarified Texas law and made it clear to HOAs that homeowners can use either native grass or xeriscaping.
“Unfortunately, it did not even get a hearing this session,” Goodwin said, “So that was a little bit disappointing, but we'll continue to try.”
What else?
Other bills supported by Goodwin during this legislative session included HB 1344, put forward by Rep. Ellen Troxclair. While this bill would have provided opportunities for the Texas Water Development Board to assist with projects in low income areas, it ultimately did not pass.
