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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on xeriscaping by property owners' |
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associations and certain political subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 580, Local Government Code, is amended |
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by adding Section 580.0021 to read as follows: |
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Sec. 580.0021. RESTRICTIONS ON XERISCAPING. (a) In this |
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section, "xeriscaping" has the meaning assigned by Section 202.013, |
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Property Code. |
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(b) The governing body of a municipality or county may not |
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enact an ordinance or order that prohibits or unreasonably |
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restricts, or enforce an ordinance or order in a manner that |
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prohibits or unreasonably restricts, a property owner from |
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xeriscaping the owner's property. |
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SECTION 2. Chapter 202, Property Code, is amended by adding |
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Section 202.013 to read as follows: |
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Sec. 202.013. XERISCAPING. (a) In this section, |
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"xeriscaping" means a landscaping method that maximizes the |
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conservation of water by using plants that are appropriate to the |
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site and efficient water-use techniques. The term includes: |
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(1) planning and design; |
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(2) appropriate choice of plants; |
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(3) soil analysis; |
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(4) soil improvement using compost; |
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(5) efficient and appropriate irrigation; |
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(6) practical use of turf; |
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(7) appropriate use of mulches; and |
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(8) proper maintenance. |
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(b) A property owners' association may not adopt a provision |
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in a dedicatory instrument that prohibits or unreasonably |
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restricts, or enforce a provision in a dedicatory instrument in a |
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manner that prohibits or unreasonably restricts, a property owner |
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from xeriscaping the owner's property. |
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SECTION 3. This Act takes effect September 1, 2013. |