Texas HOA Native Plant Law: Property Code §202.007 Explained
Texas Property Code §202.007 — HB 517 (2025 update) (effective 1999)
Texas Property Code §202.007 prohibits HOA deed restrictions from preventing a homeowner from replacing grass with drought-resistant plants or xeriscape. The law has been in place since 1999 and has been updated over time to strengthen homeowner protections. HOAs may still set reasonable maintenance and appearance standards, but cannot require a homeowner to keep or restore a traditional grass lawn.
What Your HOA Cannot Do Under Texas Law
- ✓Prevent a homeowner from replacing grass with drought-resistant plants
- ✓Enforce a deed restriction that requires a conventional lawn when a homeowner chooses xeriscape
- ✓Fine a homeowner solely for removing grass in favor of xeriscape or low-water landscaping
What Your HOA May Still Regulate
- –Require that xeriscape landscaping be maintained and not appear abandoned
- –Set reasonable standards for edging, mulch depth, and plant spacing
- –Require that landscaping materials be consistent with the neighborhood aesthetic
- –Require irrigation of new plantings during establishment
The law limits what HOAs can prohibit, not what they can regulate. Keeping your landscaping maintained and intentional-looking is the most effective way to avoid friction under any HOA regime.
Official source: Texas Property Code §202.007 text. This page is educational context, not legal advice. For enforcement questions, consult a Texas HOA attorney.
Frequently Asked Questions
Does Texas Property Code §202.007 apply to all HOAs?
Yes. The statute applies to any property owners association in Texas that would otherwise restrict landscaping through deed restrictions or HOA rules. It does not require the HOA to adopt new rules — the state law supersedes conflicting deed restrictions.
Can my Texas HOA fine me for removing my front lawn?
Under §202.007, an HOA cannot fine you solely for replacing grass with drought-resistant plants or xeriscape. However, an HOA may still enforce maintenance standards — so if your xeriscape looks overgrown or abandoned, a fine for failure to maintain could still be valid. Keeping edges clean and mulch fresh removes most of that exposure.
What counts as drought-resistant plants under the Texas statute?
The statute does not define a specific list. Generally, drought-resistant or drought-tolerant plants native to or adapted for Texas conditions qualify. The Pollinator Patch app can help you identify plants native to your specific Texas ecoregion that would strengthen your case with an HOA board.