Bill Text: TX HB1278 | 2011-2012 | 82nd Legislature | Enrolled


Bill Title: Relating to regulation by a property owners' association of certain religious displays.

Status: (Passed) 2011-06-17 - Effective immediately [HB1278 Detail]

Download: Texas-2011-HB1278-Enrolled.html
 
 
  H.B. No. 1278
 
 
 
 
AN ACT
  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 the display of which is
  motivated by the owner's or resident's sincere religious belief.
         (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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1278 was passed by the House on May 6,
  2011, by the following vote:  Yeas 129, Nays 4, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1278 on May 23, 2011, by the following vote:  Yeas 144, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1278 was passed by the Senate, with
  amendments, on May 21, 2011, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
feedback