Bill Text: TX HB1278 | 2011-2012 | 82nd Legislature | Enrolled
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-Enrolled.html
H.B. No. 1278 |
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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 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 |