Texas Property Code 202.007 prohibits HOAs from banning rainwater harvesting systems, and Health & Safety Code 341.042 sets statewide standards for harvested rainwater used as a potable supply. Rainwater harvesting is broadly protected and encouraged in every Texas city and county.
Property Code 202.007 prevents a property owners association from including or enforcing a provision that prohibits a property owner from installing a rain barrel or rainwater harvesting system, though the HOA may impose location and aesthetic conditions. HSC 341.042 directs the Texas Commission on Environmental Quality to adopt minimum standards for rainwater harvesting used for indoor potable purposes, requires installers to give written notice to public water suppliers, and mandates cross-connection prevention when supplemented by a public water system. Tax Code 151.355 exempts rainwater harvesting equipment from state sales tax. Local governments may not categorically prohibit rainwater harvesting and must accommodate systems consistent with state plumbing and health rules.
HOA enforcement against compliant rainwater systems is unenforceable and can incur statutory damages. Improperly cross-connected systems supplementing potable water can trigger TCEQ and local public water supplier enforcement.
See how Fulshear's rainwater harvesting rules stack up against other locations.
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