Subject: LEGISLATIVE ALERT, HB 645

This is to inform you that a bill that would be extremely detrimental to homeowners associations is scheduled for a hearing by the House Land and Resource Management Committee at 10:00 a.m., Monday, February 24, 2003, at the State Capitol, in Room E2.012 (the bottom floor of the Capitol extension). If you live in Rep. Puente’s (the bill author) or a committee member’s district, please call or fax (emails are NOT effective) them asap to express your OPPOSITION TO HB 645, SET FOR HEARING MONDAY THE 24th. The committee members’ contact information is at the end of this email. You may also find out the name and contact information of your local State Representative by logging on to www.capitol.state.tx.us.

This hearing is on HB 645, a “water conservation” bill. A copy of it is attached to this e-mail. This bill prohibits any restrictive covenants that:

· Require a certain standard of landscaping that may not be considered water conserving (for example, HOAs would have to allow xeriscaping, or use of totally native plants, etc.)

· Prohibit composting, leaving grass clippings uncollected, leaving leaves uncollected, etc. (HOAs would have to allow compost piles or compost machines anywhere on a property and could not place restrictions on pick-up of grass clippings, leaves, brush, etc.)

· Prohibit rain barrels or rainwater harvesting systems (HOAs would have to allow rain barrels or rainwater harvesting systems anywhere on a lot.)

· Prohibit landscaping a lot in a native or vegetative state (HOAs could not require the homeowner to do any landscaping.)

· Prohibit installation of turf areas (HOAs could not prohibit a homeowner from laying down Astroturf in his yard.)

· Prohibit installation of patios, decks, walkways, etc. (HOAs could not have any control over construction of patios, decks, etc.)

· Require a specified level of landscape maintenance. (An owner could never water his grass, and HOAs could do nothing about it.)

· Require installation of an irrigation system.

· Place restrictions on the types of grass a homeowner could use (even if an HOA wanted to prohibit St.Augustine or other water-loving grasses).

This bill would be greatly detrimental to property values. (People could simply not maintain their lawns at all, greatly decreasing the aesthetics of the neighborhood and, obviously, greatly decreasing property values.) It would also be greatly detrimental to builders attempting to have a nice-looking neighborhood while they are selling the rest of their lots. It would also, obviously, be greatly detrimental to the aesthetics of the neighborhood. This bill is entirely retroactive and would apply to all HOAs.

Please attend this hearing and testify against this bill if you have the time or contact a committee member from your district by fax or phone (NOT EMAIL). Please contact and forward this email to your colleagues who live in a committee member’s districts and ask them to do the same. Input from voters in a representatives’ districts is valuable!

The bill author and committee member contact information is as follows:

Rep. Robert Puente – bill author

(San Antonio)

(512) 463-0452 (capitol office)

(512) 463-1447 (capitol fax)

House Land and Resource Management Committee members:

Rep. Anna Mowery, Chair Rep. Jesse W. Jones, Vice-Chair

(Fort Worth) (Dallas)

(512) 463-0608 (capitol office) (512) 463-0664 (capitol office)

(512) 463-8342 (capitol fax) (512) 463-0296 (capitol fax)

(817) 732-1372 (local district phone) (214) 375-3773 (local district phone)

Rep. Joseph C. “Joe” Pickett, CBO Rep. Tony Goolsby

(El Paso) (Dallas)

(512) 463-0596 (capitol office) (512) 463-0454 (capitol office)

(512) 463-6504 (capitol fax) (512) 463-1121 (capitol fax)

(915) 90-4349 (local district phone) (214) 750-1419 (local district phone)

Rep. Ryan Guillen Rep. Patrick “Pat” Haggerty

(Rio Grande City) (El Paso)

(512) 463-0416 (capitol office) (512) 463-0728 (capitol office)

(512) 463-5896 (capitol fax) (512) 463-0397 (capitol fax)

none (local district phone) (915) 532-1391 (local district phone)

Rep. Scott Hochberg Rep. Charlie Howard

(Houston) (Sugar Land)

(512) 463-0492 (capitol office) (512) 463-0710 (capitol office)

(512) 463-5896 (capitol fax) (512) 463-0711 (capitol fax)

(832) 252-7336 (local district phone) (281) 565-9500 (local district phone)

Rep. Richard “Rick” Noriega

(Houston)

(512) 463-0732 (capitol office)

(512) 463-5896 (capitol fax)

(713) 649-6563 (local district phone)

Thank you, and please feel free to call Connie Heyer, Niemann & Niemann, L.L.P., the lobbyist for the Texas Community Associations Institute Legislative Action Committee, with any further questions.

Attachment: HB 645

Niemann & Niemann, L.L.P.

1122 Colorado St., Suite 313

Austin, Texas 78701

(512) 474-6901 (office)

(512) 474-0171 (fax)

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