Texas HB 517 (Property Code 202.008): No HOA Fines for Brown Grass in Drought

Quick Answer

Texas House Bill 517 (2025) added Property Code § 202.008. During a drought-related residential watering restriction, and until the 60th day after that restriction is lifted, a property owners' association may not assess a fine for breaking a covenant that requires green grass or turf or bars brown or discolored vegetation. It took effect September 1, 2025. The text bars fines. It does not use the word "suspend" and does not say the covenant itself disappears.

At a Glance

What the Law Says

Subsection (a) 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."

Subsection (b) then provides that 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":

• "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
• "before the 60th day after the date a residential watering restriction described by Subdivision (1) is lifted."

What This Means in Practice

The window

The bar has two parts that together form one continuous period. It starts when the owner's property is subject to a qualifying restriction and ends on the 60th day after the restriction is lifted. Our reading: if a restriction is lifted on a given date, a fine for brown grass cannot be assessed before the 60th day after that date. The section does not say how to count, so confirm with counsel for a specific date.

Four conditions that must line up

• The restriction must be mandated by a municipality, water utility, or other wholesale or retail water supplier. A voluntary request does not appear to meet the definition (our reading).
• It must be temporary and drought-related. The definition requires it to be "part of a strategy to conserve water during a period of drought."
• It must restrict irrigating residential vegetation or turf.
• Brown or discolored vegetation must "reasonably result." The owner's property must be "subject to" a restriction "under which discolored or brown vegetation or turf could reasonably result." A restriction that leaves ample watering days may raise a question about whether this condition is met. That is an open question we flag for counsel; the bill gives no test.

For boards

• Track the water supplier's restriction notices for your area, including when each is lifted, and note the 60-day date.
• Pause fining for the covered violations: green grass or turf requirements, and bans on brown or discolored vegetation or turf. The section covers fines specifically.
• Keep the covenant itself in place. The section limits "assess a fine." It does not say covenants are void, waived or suspended, so other tools your documents and Chapter 209 allow are not addressed by the text. Whether violation notices or compliance letters can still be sent is an open question for counsel.
• Check that fines already assessed before a restriction began are handled consistently. The text speaks to assessing a fine during the protected period; how it applies to a fine assessed earlier but still accruing is not addressed. Ask counsel.

For owners

If your area is under a mandated watering restriction, the association cannot assess a fine for brown grass or for failing to keep green turf during the restriction or the 60 days after it is lifted. Our reading: by its terms the section reaches only covenants about green or brown grass, turf or vegetation, and does not address other kinds of violations. Whether a particular landscape condition is "discolored or brown vegetation or turf" that could reasonably result from the restriction can be disputed.

What the law does not say

• It does not use the word "suspend." Some summaries describe it as suspending enforcement. The text bars the assessment of a fine.
• It does not say what happens after the protected period ends. Our reading: from the 60th day after the restriction is lifted, the bar in subsection (b) no longer applies, and fines are governed by your documents and the usual Chapter 209 process.
• It does not address fines assessed before September 1, 2025.
• It does not set a penalty for violating the section.
• It does not address a separate association rule that requires a certain landscape quality in general, only a covenant that requires planting or green vegetation or prohibits brown vegetation. Whether a rule counts as an "applicable restrictive covenant" is for counsel.

Timeline

Related Texas Law

• Chapter 202: what HOAs cannot restrict
• § 209.006: notice before fines and enforcement
• H.B. 614: fine schedule and enforcement policy
• § 209.007: owner hearing before the board
• Chapter 209 overview
• Texas HOA law changes 2021 to 2025
• Texas HOA laws complete guide

Board Checklist

• Find out whether your water supplier, municipality or utility has issued a mandated residential watering restriction and when it was or will be lifted.
• Calendar the 60th day after any restriction is lifted as the earliest date for assessing a covered fine.
• Sort open violations: separate grass, turf and brown-vegetation violations from other landscaping violations.
• Hold fines for covered violations during the protected period, and ask counsel how to handle notices.
• Update your enforcement and landscape guidelines so they do not demand green turf during restrictions.
• Tell owners and the management team about the rule so communications are consistent.
• Record in minutes how the board interpreted "could reasonably result," after counsel review.

Frequently Asked Questions

Can an HOA fine for brown grass during a watering restriction in Texas?

Not during a qualifying residential watering restriction, and not before the 60th day after it is lifted. Section 202.008(b) says the association "may not assess a fine" for violating a covenant that requires green grass or turf or prohibits brown or discolored vegetation or turf in those circumstances.

Does the bill suspend the covenant?

No. The text bars assessing a fine. It does not use the word suspend and does not say the covenant is waived.

What counts as a residential watering restriction?

A temporary restriction on water use to irrigate residential vegetation or turf, mandated by a municipality, water utility or other wholesale or retail water supplier as part of a drought water-conservation strategy.

How long does the protection last after the restriction ends?

Until the 60th day after the date the restriction is lifted, under § 202.008(b)(2).

Does it apply to condominiums?

The text refers to "a property owners' association" and has no exclusion. Confirm with counsel for a condominium.

Can the association still send a violation letter?

The section limits fines. It does not address letters or other steps. Whether notices may continue is an open question for a Texas attorney.

Does the section apply to rules that do not involve grass?

No. It addresses covenants about planting or maintaining green grass or turf or prohibiting brown or discolored vegetation or turf. Other violations are not covered by its text.

Where This Comes From

We read the full enrolled text of H.B. 517 (89th Legislature, Regular Session), including the passage votes and effective-date clause, at capitol.texas.gov. The enrolled copy has a blank governor approval line, so we did not verify a signing date. We did not read the current published text of § 202.008 or any water supplier's restriction ordinance.

How APM Helps

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Texas attorney before acting.