No Fines for Brown Grass During Watering Restrictions (§ 202.008)

Texas summers and HOA lawn rules don't mix well. Two statutes now protect homeowners: a 2025 law against fines for brown grass during watering restrictions, and a longer-standing protection for drought-friendly landscaping.

No fines for brown grass during watering restrictions (§ 202.008)

Since September 1, 2025, an HOA may not fine you for violating a rule that requires you to plant or keep green grass or turf, or that prohibits brown or discolored vegetation, while your property is under a residential watering restriction that could reasonably cause brown or discolored turf. The protection lasts until the 60th day after the restriction is lifted.

A residential watering restriction is a temporary limit on irrigating residential lawns, imposed by a city, water utility, or other water supplier as a drought conservation measure. Your water provider's drought-stage announcements are your best evidence, so save a screenshot with the date.

Drought-resistant landscaping is protected (§ 202.007)

An HOA may not prohibit or restrict you from using drought-resistant landscaping or water-conserving natural turf (§ 202.007(a)(4)). The HOA may require you to submit a plan for approval so it can review it for aesthetic compatibility with other landscaping, and it may restrict the type of turf you use when planting new turf.

What isn't covered

These protections don't cover overgrown lawns, weeds, or other maintenance problems unrelated to drought. And § 202.008 applies only while a watering restriction is in effect, or within 60 days after it ends.