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Texas Statewide Rule

Texas Protects Rainwater Harvesting Statewide

Few RestrictionsApplies statewide across Texas (2026)

Key Facts

HOA protection
Property Code 202.007
Health standards
HSC 341.042
Sales tax
Exempt under Tax Code 151.355
Potable use
TCEQ rules apply
Local prohibition
Not allowed
Last verified: September 5, 2026Source: Texas Statutes

Summary

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.

(a) The commission shall establish recommended standards relating to the domestic use of harvested rainwater, including health and safety standards for treatment and collection methods for harvested rainwater intended for drinking, cooking, or bathing. (b) The commission by rule shall provide that if a structure has a rainwater harvesting system and uses a public water supply for an auxiliary water source, the structure must have appropriate cross-connection safeguards.

Source: Texas StatutesView official code

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

Can my Texas HOA stop me from installing a rain barrel?
No. Property Code 202.007 prohibits HOAs from banning rain barrels or rainwater harvesting systems. The HOA may set reasonable rules on location, color, screening, and capacity but cannot enforce an outright ban.
Do I need a permit to harvest rainwater in Texas?
Outdoor-use systems generally do not require a state permit. Indoor potable systems must meet TCEQ standards under HSC 341.042 and require notice to your public water supplier and certified backflow prevention.
Is rainwater harvesting equipment taxed in Texas?
No. Tax Code 151.355 exempts qualifying rainwater harvesting equipment and supplies from Texas state and local sales and use tax when purchased for that purpose.

Sources

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