Bill Text: TX HB1278 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to regulation by a property owners' association of certain religious displays.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective immediately [HB1278 Detail]
Download: Texas-2011-HB1278-Comm_Sub.html
Bill Title: Relating to regulation by a property owners' association of certain religious displays.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective immediately [HB1278 Detail]
Download: Texas-2011-HB1278-Comm_Sub.html
| By: Coleman, Riddle, Hochberg | H.B. No. 1278 | |
| (Senate Sponsor - Seliger) | ||
| (In the Senate - Received from the House May 9, 2011; | ||
| May 10, 2011, read first time and referred to Committee on | ||
| Intergovernmental Relations; May 19, 2011, reported favorably by | ||
| the following vote: Yeas 5, Nays 0; May 19, 2011, sent to printer.) | ||
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| relating to regulation by a property owners' association of certain | ||
| religious displays. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 202, Property Code, is amended by adding | ||
| Section 202.018 to read as follows: | ||
| Sec. 202.018. REGULATION OF DISPLAY OF CERTAIN RELIGIOUS | ||
| ITEMS. (a) Except as otherwise provided by this section, a | ||
| property owners' association may not enforce or adopt a restrictive | ||
| covenant that prohibits a property owner or resident from | ||
| displaying or affixing on the entry to the owner's or resident's | ||
| dwelling one or more religious items that are expected to be | ||
| displayed by a tenet of the owner's or resident's religion. | ||
| (b) This section does not prohibit the enforcement or | ||
| adoption of a covenant that, to the extent allowed by the | ||
| constitution of this state and the United States, prohibits the | ||
| display or affixing of a religious item on the entry to the owner's | ||
| or resident's dwelling that: | ||
| (1) threatens the public health or safety; | ||
| (2) violates a law; | ||
| (3) contains language, graphics, or any display that | ||
| is patently offensive to a passerby; | ||
| (4) is in a location other than the entry door or door | ||
| frame or extends past the outer edge of the door frame of the | ||
| owner's or resident's dwelling; or | ||
| (5) individually or in combination with each other | ||
| religious item displayed or affixed on the entry door or door frame | ||
| has a total size of greater than 25 square inches. | ||
| (c) Except as otherwise provided by this section, this | ||
| section does not authorize an owner or resident to use a material or | ||
| color for an entry door or door frame of the owner's or resident's | ||
| dwelling or make an alteration to the entry door or door frame that | ||
| is not authorized by the restrictive covenants governing the | ||
| dwelling. | ||
| (d) A property owners' association may remove an item | ||
| displayed in violation of a restrictive covenant permitted by this | ||
| section. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2011. | ||
| * * * * * | ||
