Relating to the regulation of clotheslines by a property owners' association.

89(R) HB 648 - House Committee Report version - Bill Text

89R23704 JBD-D

By: Cortez

H.B. No. 648

Substitute the following for H.B. No. 648:

By: Button

C.S.H.B. No. 648

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of clotheslines by a property owners'

association.

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.

REGULATION OF CLOTHESLINES. (a)

This

section does not apply to a condominium as defined by Section 81.002

or 82.003.

(b)

Except as otherwise provided by this section, a property

owners' association may not include or enforce a provision in a

dedicatory instrument that prohibits or restricts a property owner

from installing or using a clothesline on the owner's property for

the purpose of drying laundry, provided the clothesline is not in an

area visible from ground level from another lot or from an adjoining

or adjacent street.

(c) A provision that violates Subsection (b) is void.

(d)

This section does not prohibit the inclusion or

enforcement of a provision in a dedicatory instrument that:

(1) prohibits a clothesline that:

(A) as adjudicated by a court:

(i)

threatens the public health or safety;

or

(ii) violates a law;

(B)

is located on property owned or maintained by

the property owners' association;

(C)

is located on property owned in common by the

members of the property owners' association; or

(D)

is visible above the fence line of a fenced

yard or patio maintained by the property owner; or

(2)

prohibits or requires prior approval of the

property owners' association for a clothesline located:

(A)

in or on a front or side yard or patio

maintained by the property owner; or

(B)

in an area of a back or side yard or patio

that:

(i) is not fenced; or

(ii)

is fenced with chain-link fencing or

another fencing material that is not primarily opaque and solid.

SECTION 2. This Act takes effect September 1, 2025.