HB517

Regular Session

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.

CriticalImmediate action required

Low Cost

Effective:2025-05-26

Enforcing Agencies

None (Private Civil Enforcement via Courts)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: May 26, 2025 (Passed with supermajority, overriding the standard September 1 implementation).
Compliance Deadline: May 26, 2025. You must suspend applicable fines immediately. Any fine levied for turf discoloration after this date is void and creates liability.
Agency Rulemaking: None. This is a self-executing amendment to Chapter 202 of the Property Code. No state agency will issue clarifying rules; interpretation will occur in the courts.

Immediate Action Plan

1. Halt Auto-Fines: Immediately suspend all automated violation notices for "Brown Grass," "Dead Turf," or "Discolored Vegetation" in all Texas markets.
2. Verify Utility Status: Before releasing any held violations, cross-reference the property address with the local water utility's current status.
3. Configure Software: Update management platforms (Vantaca, CINC, AppFolio) to include a "Blackout Period" logic that prevents fine generation for landscaping codes during active restrictions + 60 days.
4. Audit Ledgers: Review all fines assessed since May 26, 2025. If any relate to turf discoloration in a restricted zone, reverse them immediately to prevent claims of statutory violation.

Operational Changes Required

Contracts

Enforcement Policies: Association "Fine and Enforcement Policies" must be amended to explicitly reference the Section 202.008 exemption.
Management Agreements: Review indemnification clauses. If a Board demands enforcement during a drought against counsel's advice, the management company must have written protection against resulting lawsuits.

Hiring/Training

Inspector Training: Field staff and third-party inspection vendors must be trained to distinguish between "mandatory" and "voluntary" water restrictions.
Causation Analysis: Compliance officers must be trained to stop issuing "Cure Notices" for brown turf unless they can prove the condition is unrelated to water access (e.g., physical damage or disease).

Reporting & Record-Keeping

Utility Restriction Logs: You must create and maintain a centralized log tracking the *Start Date* and *End Date* of mandatory water restrictions for every utility provider servicing your portfolio.
The "60-Day Tail": Enforcement software must be programmed to respect a statutory grace period. You cannot resume fining until 60 days after the mandatory restriction is lifted.

Fees & Costs

Budget Impact: Anticipate a reduction in fine revenue for communities in drought-prone areas.
Litigation Risk: Budget for potential legal defense if an association attempts to foreclose on a lien that includes fines originating from a protected drought period.

Strategic Ambiguities & Considerations

"Reasonably Result": The statute protects owners where discoloration could "reasonably result" from the restriction. It does not define this threshold.
*Risk:* If a restriction allows watering once per week, but the grass dies, the Association may argue the owner failed to water at all. The Owner will argue one day was insufficient.
*Guidance:* Do not litigate this ambiguity. If a restriction exists, assume it caused the discoloration.
Weeds vs. Turf: The law specifies "discolored vegetation or turf." It does not explicitly protect against weed overgrowth. However, fining for weeds when the desired turf is dead due to drought will likely be viewed by courts as bad-faith retaliation.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsEnvironment Environment--water Property Interests Property Interests--property Owners Association Utilities Utilities--water & Sewer Restrictive Covenants Water Water--conservation

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

C.S.H.B. 517

By: Harris Davila

Trade, Workforce & Economic Development

Committee Report (Substituted)

BACKGROUND AND PURPOSE

In times of drought, cities often impose water restrictions in an attempt to conserve water and may impose fines if homeowners use too much water. However, as discussed by the author and constituents during a town hall, some property owners' associations (POA) require homeowners to keep their lawns green and may impose fines for failing to do so. Under these circumstances, homeowners are faced with a decision to either be fined by the city due to overwatering or be fined by their POA for not keeping their lawns green. C.S.H.B. 517 seeks to address this issue by prohibiting a POA from fining homeowners for discolored vegetation if a city imposes residential water restrictions and by giving homeowners 30 days to restore their lawns once such a restriction is lifted.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 517 amends the Property Code to prohibit a property owners' association (POA) from assessing a fine against a property owner for a violation of an applicable restrictive covenant that requires the owner to maintain green vegetation or turf or prohibits discolored or brown vegetation or turf on the property during the following periods:

·when the owner's property is subject to a residential watering restriction under which discolored or brown vegetation or turf could reasonably result; and

·before the 30th day after the date such a restriction is lifted.

The bill defines "residential watering restriction" as a temporary restriction of water use to irrigate residential vegetation or turf that is mandated by a municipality, water utility, or other wholesale or retail water supplier as part of a strategy to conserve water during a period of drought.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 517 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute changes a period during which a POA may not assess a fine against a property owner for discolored vegetation or turf from a reasonable period of time after a residential watering restriction is lifted, as in the introduced, to before the 30th day after the date such a restriction is lifted.

House Authors

Rep. Caroline Harris DavilaRepublican · Primary Author

Joint Authors

Coauthors (5)

Senate Sponsors

Sen. Charles SchwertnerRepublican · Primary Sponsor

Cosponsors (4)

Bill Text(with markup)

H.B. No. 517

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	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.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 202, Property Code, is amended by adding
	Section 202.008 to read as follows:
	Sec. 202.008. LIMITATION ON FINES DURING RESIDENTIAL WATER
	RESTRICTION. (a) For the purposes of this section, "residential
	watering restriction" means a temporary restriction of water use to
	irrigate residential vegetation or turf that is mandated by a
	municipality, water utility, or other wholesale or retail water
	supplier as part of a strategy to conserve water during a period of
	drought.
	(b) A property owners' association may not assess a fine
	against a property owner for a violation of an applicable
	restrictive covenant that requires the owner to plant or install
	grass or turf or maintain green vegetation or turf or prohibits
	discolored or brown vegetation or turf on the property:
	(1) during a period when the owner's property is
	subject to a residential watering restriction under which
	discolored or brown vegetation or turf could reasonably result; and
	(2) before the 60th day after the date a residential
	watering restriction described by Subdivision (1) is lifted.
	SECTION 2. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 17, 2025

TO:	Honorable Angie Chen Button, Chair, House Committee on Trade, Workforce & Economic Development

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB517 by Harris Davila (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.), As Introduced

No fiscal implication to the State is anticipated.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

LBB Staff:

JMc, RStu, CMA

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Frequently Asked Questions

Common questions about HB517

What does Texas HB517 do?

HB517 amends the Texas Property Code to immediately prohibit Property Owners' Associations (POAs) from assessing fines for discolored vegetation or turf during mandatory water restrictions. This statutory bar applies to all associations and management companies effective immediately, requiring an instant halt to automated violation processing for landscaping issues in drought-affected zones. Implementation Timeline Effective Date: May 26, 2025 (Passed with supermajority, overriding the standard September 1 implementation).

Who authored HB517?

HB517 was authored by Texas Representative Caroline Harris Davila during the Regular Session.

When was HB517 signed into law?

HB517 was signed into law by Governor Greg Abbott on May 26, 2025.

Which agencies enforce HB517?

HB517 is enforced by None (Private Civil Enforcement via Courts).

How urgent is compliance with HB517?

The compliance urgency for HB517 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB517?

The cost impact of HB517 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB517 address?

HB517 addresses topics including environment, environment--water, property interests, property interests--property owners association and utilities.

Legislative data provided by LegiScanLast updated: November 25, 2025

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