CONSTRUCTION AND ENFORCEMENT OF RESTRICTIVE COVENANTS

Tex. PROP Code ch. 202

in effect

Tex. PROP Code § 202.001. DEFINITIONS.

In this chapter: (1) "Dedicatory instrument" means each document governing the establishment, maintenance, or operation of a residential subdivision, planned unit development, condominium or townhouse regime, or any similar planned development. The term includes a declaration or similar instrument subjecting real property to: (A) restrictive covenants, bylaws, or similar instruments governing the administration or operation of a property owners' association; (B) properly adopted rules and regulations of the property owners' association; or (C) all lawful amendments to the covenants, bylaws, instruments, rules, or regulations. (2) "Property owners' association" means an incorporated or unincorporated association owned by or whose members consist primarily of the owners of the property covered by the dedicatory instrument and through which the owners, or the board of directors or similar governing body, manage or regulate the residential subdivision, planned unit development, condominium or townhouse regime, or similar planned development. (3) "Petition" means one or more instruments, however designated or entitled, by which one or more actions relating to restrictive covenants are sought to be accomplished. (4) "Restrictive covenant" means any covenant, condition, or restriction contained in a dedicatory instrument, whether mandatory, prohibitive, permissive, or administrative. (5) "Front yard" means a yard within a lot having a front building setback line with a setback of not less than 15 feet extending the full width of the lot between the front lot line and the front building setback line. Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987. Acts 2011, 82nd Leg., R.S., Ch. 1142 (H.B. 1821 ), Sec. 2, eff. January 1, 2012. Acts 2013, 83rd Leg., R.S., Ch. 1389 (H.B. 680 ), Sec. 1, eff. June 14, 2013.

Tex. PROP Code § 202.002. APPLICABILITY OF CHAPTER.

(a) This chapter applies to all restrictive covenants regardless of the date on which they were created. (b) This chapter does not affect the requirements of Chapter 123 , Human Resources Code. Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.

Tex. PROP Code § 202.003. CONSTRUCTION OF RESTRICTIVE COVENANTS.

(a) A restrictive covenant shall be liberally construed to give effect to its purposes and intent. (b) In this subsection, "family home" is a residential home that meets the definition of and requirements applicable to a family home under Chapter 123 , Human Resources Code. A dedicatory instrument or restrictive covenant may not be construed to prevent the use of property as a family home. However, any restrictive covenant that applies to property used as a family home shall be liberally construed to give effect to its purposes and intent except to the extent that the construction would restrict the use as a family home. Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.

Tex. PROP Code § 202.004. ENFORCEMENT OF RESTRICTIVE COVENANTS.

(a) An exercise of discretionary authority by a property owners' association or other representative designated by an owner of real property concerning a restrictive covenant is presumed reasonable unless the court determines by a preponderance of the evidence that the exercise of discretionary authority was arbitrary, capricious, or discriminatory. (b) A property owners' association or other representative designated by an owner of real property may initiate, defend, or intervene in litigation or an administrative proceeding affecting the enforcement of a restrictive covenant or the protection, preservation, or operation of the property covered by the dedicatory instrument. (c) A court may assess civil damages for the violation of a restrictive covenant in an amount not to exceed $200 for each day of the violation. Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.

Tex. PROP Code § 202.005. WITHDRAWAL OF SIGNATURE.

(a) A signature may be withdrawn from a petition authorized to be filed in connection with terminating restrictive covenants, as provided by this section. (b) To withdraw a signature, the signer must request that the signature be withdrawn. (c) To be effective, a withdrawal request must: (1) be in writing and be signed and acknowledged by the signer of the petition; (2) be filed with the authority with whom the petition is required to be filed not later than the day before the petition filing deadline, if any; and (3) be delivered in the form of a copy of the request to the circulator of the petition not later than the date the request is filed or by the effective date of this chapter, whichever is later. (d) A withdrawal request or copy filed or delivered by mail is considered to be filed or delivered at the time of its receipt by the appropriate person. (e) The filing of an effective withdrawal request nullifies the signature on the petition and places the signer in the same position as if the signer had not signed the petition. Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.

Tex. PROP Code § 202.006. PUBLIC RECORDS.

(a) A property owners' association shall file all dedicatory instruments in the real property records of each county in which the property to which the dedicatory instruments relate is located. (b) A dedicatory instrument has no effect until the instrument is filed in accordance with this section. (c) A property owners' association may not collect a regular assessment, as defined by Section 209.002 , if the dedicatory instrument authorizing the collection of the regular assessment is not filed as required by Subsection (a). Added by Acts 1999, 76th Leg., ch. 1420, Sec. 2, eff. Sept. 1, 1999. Acts 2011, 82nd Leg., R.S., Ch. 1142 (H.B. 1821 ), Sec. 3, eff. January 1, 2012.

Tex. PROP Code § 202.007. CERTAIN RESTRICTIVE COVENANTS PROHIBITED.

(a) A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from: (1) implementing measures promoting solid-waste composting of vegetation, including grass clippings, leaves, or brush, or leaving grass clippings uncollected on grass; (2) installing rain barrels or a rainwater harvesting system; (3) implementing efficient irrigation systems, including underground drip or other drip systems; or (4) using drought-resistant landscaping or water-conserving natural turf. (b) A provision that violates Subsection (a) is void. (c) A property owners' association may restrict the type of turf used by a property owner in the planting of new turf to encourage or require water-conserving turf. (d) This section does not: (1) restrict a property owners' association from regulating the requirements, including size, type, shielding, and materials, for or the location of a composting device if the restriction does not prohibit the economic installation of the device on the property owner's property where there is reasonably sufficient area to install the device; (2) require a property owners' association to permit a device described by Subdivision (1) to be installed in or on property: (A) owned by the property owners' association; (B) owned in common by the members of the property owners' association; or (C) in an area other than the fenced yard or patio of a property owner; (3) prohibit a property owners' association from regulating the installation of efficient irrigation systems, including establishing visibility limitations for aesthetic purposes; (4) prohibit a property owners' association from regulating the installation or use of gravel, rocks, or cacti; (5) restrict a property owners' association from regulating yard and landscape maintenance if the restrictions or requirements do not restrict or prohibit turf or landscaping design that promotes water conservation; (6) require a property owners' association to permit a rain barrel or rainwater harvesting system to be installed in or on property if: (A) the property is: (i) owned by the property owners' association; (ii) owned in common by the members of the property owners' association; or (iii) located between the front of the property owner's home and an adjoining or adjacent street; or (B) the barrel or system: (i) is of a color other than a color consistent with the color scheme of the property owner's home; or (ii) displays any language or other content that is not typically displayed by such a barrel or system as it is manufactured; (7) restrict a property owners' association from regulating the size, type, and shielding of, and the materials used in the construction of, a rain barrel, rainwater harvesting device, or other appurtenance that is located on the side of a house or at any other location that is visible from a street, another lot, or a common area if: (A) the restriction does not prohibit the economic installation of the device or appurtenance on the property owner's property; and (B) there is a reasonably sufficient area on the property owner's property in which to install the device or appurtenance; or (8) prohibit a property owners' association from requiring an owner to submit a detailed description or a plan for the installation of drought-resistant landscaping or water-conserving natural turf for review and approval by the property owners' association to ensure, to the extent practicable, maximum aesthetic compatibility with other landscaping in the subdivision. (d-1) A property owners' association may not unreasonably deny or withhold approval of a proposed installation of drought-resistant landscaping or water-conserving natural turf under Subsection (d)(8) or unreasonably determine that the proposed installation is aesthetically incompatible with other landscaping in the subdivision. (e) This section does not apply to a property owners' association that: (1) is located in a municipality with a population of more than 175,000 that is located in a county in which another municipality with a population of more than one million is predominantly located; and (2) manages or regulates a development in which at least 4,000 acres of the property is subject to a covenant, condition, or restriction designating the property for commercial use, multifamily dwellings, or open space. Added by Acts 2003, 78th Leg., ch. 1024, Sec. 1, eff. Sept. 1, 2003. Acts 2011, 82nd Leg., R.S., Ch. 1311 (H.B. 3391 ), Sec. 6, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 736 (S.B. 198 ), Sec. 1, eff. September 1, 2013.

Tex. PROP Code § 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. Added by Acts 2025, 89th Leg., R.S., Ch. 168 (H.B. 517 ), Sec. 1, eff. September 1, 2025.

Tex. PROP Code § 202.010. REGULATION OF SOLAR ENERGY DEVICES.

(a) In this section: (1) "Development period" means a period stated in a declaration during which a declarant reserves: (A) a right to facilitate the development, construction, and marketing of the subdivision; and (B) a right to direct the size, shape, and composition of the subdivision. (1-a) "Residential unit" means a structure or part of a structure intended for use as a single residence and that is: (A) a single-family house; or (B) a separate living unit in a duplex, a triplex, or a quadplex. (2) "Solar energy device" has the meaning assigned by Section 171.107 , Tax Code. The term includes a solar roof tile. (b) Except as otherwise provided by Subsection (d), a property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device. (c) A provision that violates Subsection (b) is void. (d) A property owners' association may include or enforce a provision in a dedicatory instrument that prohibits a solar energy device that: (1) as adjudicated by a court: (A) threatens the public health or safety; or (B) violates a law; (2) is located on property owned or maintained by the property owners' association; (3) is located on property owned in common by the members of the property owners' association; (4) is located in an area on the property owner's property other than: (A) on the roof of the home or of another structure allowed under a dedicatory instrument; or (B) in a fenced yard or patio owned and maintained by the property owner; (5) if mounted on the roof of the home: (A) extends higher than or beyond the roofline; (B) is located in an area other than an area designated by the property owners' association, unless the alternate location increases the estimated annual energy production of the device, as determined by using a publicly available modeling tool provided by the National Renewable Energy Laboratory, by more than 10 percent above the energy production of the device if located in an area designated by the property owners' association; (C) does not conform to the slope of the roof and has a top edge that is not parallel to the roofline; or (D) has a frame, a support bracket, or visible piping or wiring that is not in a silver, bronze, or black tone commonly available in the marketplace; (6) if located in a fenced yard or patio, is taller than the fence line; (7) as installed, voids material warranties; or (8) was installed without prior approval by the property owners' association or by a committee created in a dedicatory instrument for such purposes that provides decisions within a reasonable period or within a period specified in the dedicatory instrument. (e) A property owners' association or the association's architectural review committee may not withhold approval for installation of a solar energy device if the provisions of the dedicatory instruments to the extent authorized by Subsection (d) are met or exceeded, unless the association or committee, as applicable, determines in writing that placement of the device as proposed by the property owner constitutes a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities. For purposes of making a determination under this subsection, the written approval of the proposed placement of the device by all property owners of adjoining property constitutes prima facie evidence that such a condition does not exist. (f) During the development period for a development with fewer than 51 planned residential units, the declarant may prohibit or restrict a property owner from installing a solar energy device. Added by Acts 2011, 82nd Leg., R.S., Ch. 939 (H.B. 362 ), Sec. 1, eff. June 17, 2011.

Tex. PROP Code § 202.011. REGULATION OF CERTAIN ROOFING MATERIALS.

A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner who is otherwise authorized to install shingles on the roof of the owner's property from installing shingles that: (1) are designed primarily to: (A) be wind and hail resistant; (B) provide heating and cooling efficiencies greater than those provided by customary composite shingles; or (C) provide solar generation capabilities; and (2) when installed: (A) resemble the shingles used or otherwise authorized for use on property in the subdivision; (B) are more durable than and are of equal or superior quality to the shingles described by Paragraph (A); and (C) match the aesthetics of the property surrounding the owner's property. Added by Acts 2011, 82nd Leg., R.S., Ch. 939 (H.B. 362 ), Sec. 1, eff. June 17, 2011.

Tex. PROP Code § 202.012. FLAG DISPLAY.

(a) A property owners' association may not, except as provided in this section, adopt or enforce a dedicatory instrument provision that prohibits, restricts, or has the effect of prohibiting or restricting an owner from the display of: (1) the flag of the United States of America; (2) the flag of the State of Texas; or (3) an official or replica flag of any branch of the United States armed forces. (b) A property owners' association may adopt or enforce reasonable dedicatory instrument provisions: (1) that require: (A) the flag of the United States be displayed in accordance with 4 U.S.C. Sections 5-10; (B) the flag of the State of Texas be displayed in accordance with Chapter 3100 , Government Code; (C) a flagpole attached to a dwelling or a freestanding flagpole be constructed of permanent, long-lasting materials, with a finish appropriate to the materials used in the construction of the flagpole and harmonious with the dwelling; (D) the display of a flag, or the location and construction of the supporting flagpole, to comply with applicable zoning ordinances, easements, and setbacks of record; and (E) a displayed flag and the flagpole on which it is flown be maintained in good condition and that any deteriorated flag or deteriorated or structurally unsafe flagpole be repaired, replaced, or removed; (2) that regulate the size, number, and location of flagpoles on which flags are displayed, except that the regulation may not prevent the installation or erection of at least one flagpole per property that: (A) is not more than 20 feet in height and, subject to applicable zoning ordinances, easements, and setbacks of record, is located in the front yard of the property; or (B) is attached to any portion of a residential structure owned by the property owner and not maintained by the property owners' association; (3) that govern the size of a displayed flag; (4) that regulate the size, location, and intensity of any lights used to illuminate a displayed flag; (5) that impose reasonable restrictions to abate noise caused by an external halyard of a flagpole; or (6) that prohibit a property owner from locating a displayed flag or flagpole on property that is: (A) owned or maintained by the property owners' association; or (B) owned in common by the members of the association. (c) A property owner who has a front yard and who otherwise complies with any permitted property owners' association regulations may elect to install a flagpole in accordance with either Subsection (b)(2)(A) or Subsection (b)(2)(B). Added by Acts 2011, 82nd Leg., R.S., Ch. 1028 (H.B. 2779 ), Sec. 1, eff. June 17, 2011. Redesignated from Property Code, Section 202.011 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093 ), Sec. 22.001 (40), eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1389 (H.B. 680 ), Sec. 2, eff. June 14, 2013.

Tex. PROP Code § 202.013. REGULATION OF ASSEMBLY, ASSOCIATION, AND SPEECH.

(a) This section does not apply to a common area of a property owners' association that is not made available for meetings: (1) due to designated seasonal use; or (2) other than a meeting of the property owners' association, the board of the property owners' association, or a committee of the association or the association's board. (b) Except as otherwise provided by this section, a property owners' association may not adopt or enforce a provision in a dedicatory instrument that prohibits or has the effect of prohibiting a property owner or resident from inviting governmental officials and candidates who have been qualified in the appropriate election to run for public governmental office to address or meet with property owners' association members, residents, or their invitees in common areas of the association. (c) A property owners' association may require gatherings described by Subsection (b) to abide by the same provisions of a dedicatory instrument that apply to any other gathering held in a common area of the association, including a provision: (1) requiring a room rental fee or deposit; (2) limiting the maximum occupancy of the common area where the meeting is to be held; (3) establishing hours during which a meeting may be held in the common area; (4) specifying the common areas of the association that are available to the association members for meetings; or (5) requiring a written reservation or rental agreement. (d) This section does not apply to a property owners' association that qualifies for tax exempt status under Section 501(c)(3), Internal Revenue Code of 1986. Added by Acts 2025, 89th Leg., R.S., Ch. 551 (H.B. 621 ), Sec. 1, eff. September 1, 2025.

Tex. PROP Code § 202.018. REGULATION OF DISPLAY OF CERTAIN RELIGIOUS ITEMS.

(a) Except as otherwise provided by this section, a property owners' association may not enforce or adopt a provision in a dedicatory instrument, including a restrictive covenant, that prohibits a property owner or resident from displaying or affixing on the owner's or resident's property or dwelling one or more religious items the display of which is motivated by the owner's or resident's sincere religious belief. (b) This section does not prohibit the enforcement or adoption of a provision in a dedicatory instrument, including a restrictive covenant, that, to the extent allowed by the constitution of this state and the United States, prohibits the display or affixing of a religious item on the owner's or resident's property or dwelling that: (1) threatens the public health or safety; (2) violates a law other than a law prohibiting the display of religious speech; (3) contains language, graphics, or any display that is patently offensive to a passerby for reasons other than its religious content; (4) is installed on property: (A) owned or maintained by the property owners' association; or (B) owned in common by members of the property owners' association; (5) violates any applicable building line, right-of-way, setback, or easement; or (6) is attached to a traffic control device, street lamp, fire hydrant, or utility sign, pole, or fixture. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 196 (S.B. 581 ), Sec. 2, eff. May 31, 2021, and Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588 ), Sec. 22(1), eff. September 1, 2021.. (d) Repealed by Acts 2021, 87th Leg., R.S., Ch. 196 (S.B. 581 ), Sec. 2, eff. May 31, 2021, and Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588 ), Sec. 22(1), eff. September 1, 2021. Added by Acts 2011, 82nd Leg., R.S., Ch. 263 (H.B. 1278 ), Sec. 1, eff. June 17, 2011.

Tex. PROP Code § 202.019. STANDBY ELECTRIC GENERATORS.

(a) In this section, "standby electric generator" means a device that converts mechanical energy to electrical energy and is: (1) powered by natural gas, liquefied petroleum gas, diesel fuel, biodiesel fuel, or hydrogen; (2) fully enclosed in an integral manufacturer-supplied sound attenuating enclosure; (3) connected to the main electrical panel of a residence by a manual or automatic transfer switch; and (4) rated for a generating capacity of not less than seven kilowatts. (b) Except as provided by this section, a property owners' association may not adopt or enforce a dedicatory instrument provision that prohibits, restricts, or has the effect of prohibiting or restricting an owner from owning, operating, installing, or maintaining a permanently installed standby electric generator. (c) A property owners' association may adopt or enforce any of the following dedicatory instrument provisions to regulate the operation and installation of standby electric generators: (1) a dedicatory instrument provision that requires a standby electric generator to be installed and maintained in compliance with: (A) the manufacturer's specifications; and (B) applicable governmental health, safety, electrical, and building codes; (2) a dedicatory instrument provision that requires all electrical, plumbing, and fuel line connections to be installed only by licensed contractors; (3) a dedicatory instrument provision that requires all electrical connections to be installed in accordance with applicable governmental health, safety, electrical, and building codes; (4) a dedicatory instrument provision that requires all natural gas, diesel fuel, biodiesel fuel, or hydrogen fuel line connections to be installed in accordance with applicable governmental health, safety, electrical, and building codes; (5) a dedicatory instrument provision that requires all liquefied petroleum gas fuel line connections to be installed in accordance with rules and standards promulgated and adopted by the Railroad Commission of Texas and other applicable governmental health, safety, electrical, and building codes; (6) a dedicatory instrument provision that requires nonintegral standby electric generator fuel tanks to be installed and maintained to comply with applicable municipal zoning ordinances and governmental health, safety, electrical, and building codes; (7) a dedicatory instrument provision that requires the standby electric generator and its electrical lines and fuel lines to be maintained in good condition; (8) a dedicatory instrument provision that requires the repair, replacement, or removal of any deteriorated or unsafe component of a standby electric generator, including electrical or fuel lines; (9) a dedicatory instrument provision that requires an owner to screen a standby electric generator if the standby electric generator is: (A) visible from the street faced by the dwelling; (B) located in an unfenced side or rear yard of a residence and is visible either from an adjoining residence or from adjoining property owned by the property owners' association; or (C) located in a side or rear yard fenced by a wrought iron or residential aluminum fence and is visible through the fence either from an adjoining residence or from adjoining property owned by the property owners' association; (10) a dedicatory instrument provision that sets reasonable times, consistent with the manufacturer's recommendations, for the periodic testing of a standby electric generator; (11) a dedicatory instrument provision that prohibits the use of a standby electric generator to generate all or substantially all of the electrical power to a residence, except when utility-generated electrical power to the residence is not available or is intermittent due to causes other than nonpayment for utility service to the residence; (12) a dedicatory instrument provision that regulates the location of the standby electric generator; or (13) a dedicatory instrument provision that prohibits an owner from locating a standby electric generator on property: (A) owned or maintained by the property owners' association; or (B) owned in common by the property owners' association members. (d) A dedicatory instrument provision permitted by Subsection (c), if adopted, must be reasonably applied and enforced. (e) A dedicatory instrument provision that regulates the location of a standby electric generator is unenforceable if: (1) it increases the cost of installing the standby electric generator by more than 10 percent; or (2) it increases the cost of installing and connecting the electrical and fuel lines for the standby electric generator by more than 20 percent. (f) If a dedicatory instrument requires that the installation of a standby electric generator be approved before installation, approval may not be withheld if the proposed installation meets or exceeds the dedicatory instrument provisions permitted by Subsection (c). (g) If a dedicatory instrument provision requires an owner to submit an application for approval of improvements located exterior to a residence, this section does not negate the requirement, but the information required to be submitted as part of the application for the installation of a standby electric generator may not be greater or more detailed than the application for any other improvement. (h) In a hearing, action, or proceeding to determine whether a proposed or installed standby electric generator complies with the requirements of a dedicatory instrument provision permitted by Subsection (c), the party asserting noncompliance bears the burden of proof. Added by Acts 2015, 84th Leg., R.S., Ch. 1014 (H.B. 939 ), Sec. 1, eff. June 19, 2015.

Tex. PROP Code § 202.020. CERTAIN SALES OF BEVERAGES BY CHILDREN.

(a) A property owners' association of a residential subdivision may not adopt or enforce a restrictive covenant that prohibits or regulates, including by requiring a permit or fee, the occasional sale of lemonade or other nonalcoholic beverages from a stand on property located in the subdivision by an individual younger than 18 years of age who has the permission of a property owner in the subdivision for the sale. (b) A property owners' association: (1) does not owe a duty of care to persons participating in a beverage sale described by Subsection (a); and (2) is not liable for any injury to persons participating in a beverage sale described by Subsection (a), except for wilful or wanton acts or gross negligence of the association. Added by Acts 2019, 86th Leg., R.S., Ch. 1027 (H.B. 234 ), Sec. 3, eff. September 1, 2019.

Tex. PROP Code § 202.021. REGULATION OF FIREARMS OR FIREARM AMMUNITION.

A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting any person who is otherwise authorized from lawfully possessing, transporting, or storing a firearm, any part of a firearm, or firearm ammunition, as well as the otherwise lawful discharge of a firearm. Added by Acts 2019, 86th Leg., R.S., Ch. 972 (S.B. 741 ), Sec. 1, eff. September 1, 2019. Redesignated from Property Code, Section 202.020 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607 ), Sec. 21.001(63), eff. September 1, 2021.

Tex. PROP Code § 202.022. SWIMMING POOL ENCLOSURES.

(a) In this section, "swimming pool enclosure" means a fence that: (1) surrounds a water feature, including a swimming pool or spa; (2) consists of transparent mesh or clear panels set in metal frames; (3) is not more than six feet in height; and (4) is designed to not be climbable. (b) A property owners' association: (1) may not adopt or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing on the property owner's property a swimming pool enclosure that conforms to applicable state or local safety requirements; and (2) may adopt and enforce a provision in a dedicatory instrument establishing limitations related to the appearance of a swimming pool enclosure, including limitations establishing permissible colors for a swimming pool enclosure, provided that the provision does not prohibit a swimming pool enclosure that is black in color and consists of transparent mesh set in metal frames. Added by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588 ), Sec. 3, eff. September 1, 2021.

Tex. PROP Code § 202.023. SECURITY MEASURES.

(a) This section does not apply to: (1) a condominium as defined by Section 81.002 or 82.003 ; or (2) a master mixed-use property owners' association subject to Chapter 215 . (b) Except as provided by Subsection (c), a property owners' association may not adopt or enforce a restrictive covenant that prevents a property owner from building or installing security measures, including but not limited to a security camera, motion detector, or perimeter fence. (c) This section does not prohibit a property owners' association from: (1) prohibiting the installation of a security camera by a property owner in a place other than the property owner's private property; (2) regulating the type of fencing that a property owner may install; (3) prohibiting the placement of fencing that obstructs: (A) a license area, as defined by a written license agreement or plat; (B) a sidewalk in the public right-of-way or otherwise installed for public or community use; or (C) a drainage easement or drainage area; (4) requiring a driveway gate to be set back at least 10 feet from the right-of-way if the driveway intersects with a laned roadway, as defined by Section 541.302 , Transportation Code; or (5) if provided by a restrictive covenant, prohibiting the installation of fencing in front of the front-most building line of a dwelling. (d) Notwithstanding Subsection (c), a property owner may maintain any perimeter fencing or fencing in front of a dwelling's front-most building line installed or constructed before September 1, 2025. (e) Notwithstanding Subsection (c)(5), a property owners' association may not prohibit a property owner from installing perimeter fencing or fencing in front of the front-most building line of a dwelling if: (1) the property owner's residential address is exempt from public disclosure under state or federal law; or (2) the property owner provides to the association documentation from a law enforcement agency of the property owner's need for enhanced security measures. Added by Acts 2021, 87th Leg., R.S., Ch. 716 (H.B. 3571 ), Sec. 1, eff. June 15, 2021. Added by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588 ), Sec. 4, eff. September 1, 2021.

Tex. PROP Code § 202.024. DISCRIMINATION AGAINST TENANT BASED ON METHOD OF PAYMENT PROHIBITED.

(a) In this section, "method of payment" includes payment made in whole or in part by: (1) a housing choice voucher under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 1437f); or (2) any other federal or state or local housing assistance provided to a person or to a property owner on behalf of a person, including rental vouchers, rental assistance, or rental subsidies from a nongovernmental organization. (b) A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from renting a dwelling to a person based on the person's method of payment. Added by Acts 2023, 88th Leg., R.S., Ch. 987 (H.B. 1193 ), Sec. 1, eff. September 1, 2023.

Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/29/2026