Sec. 202.023. SECURITY MEASURES. (a) This section does not apply to: (1) a condominium as defined by Section 81.002 or 82.003 ; or (2) a master mixed-use property owners' association subject to Chapter 215 . (b) Except as provided by Subsection (c), a property owners' association may not adopt or enforce a restrictive covenant that prevents a property owner from building or installing security measures, including but not limited to a security camera, motion detector, or perimeter fence. (c) This section does not prohibit a property owners' association from: (1) prohibiting the installation of a security camera by a property owner in a place other than the property owner's private property; (2) regulating the type of fencing that a property owner may install; (3) prohibiting the placement of fencing that obstructs: (A) a license area, as defined by a written license agreement or plat; (B) a sidewalk in the public right-of-way or otherwise installed for public or community use; or (C) a drainage easement or drainage area; (4) requiring a driveway gate to be set back at least 10 feet from the right-of-way if the driveway intersects with a laned roadway, as defined by Section 541.302 , Transportation Code; or (5) if provided by a restrictive covenant, prohibiting the installation of fencing in front of the front-most building line of a dwelling. (d) Notwithstanding Subsection (c), a property owner may maintain any perimeter fencing or fencing in front of a dwelling's front-most building line installed or constructed before September 1, 2025. (e) Notwithstanding Subsection (c)(5), a property owners' association may not prohibit a property owner from installing perimeter fencing or fencing in front of the front-most building line of a dwelling if: (1) the property owner's residential address is exempt from public disclosure under state or federal law; or (2) the property owner provides to the association documentation from a law enforcement agency of the property owner's need for enhanced security measures.
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