Bill Text: TX HB2779 | 2011-2012 | 82nd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to provisions in the dedicatory instruments of property owners' associations regarding display of flags.
Spectrum: Slight Partisan Bill (Republican 9-3)
Status: (Passed) 2011-06-17 - Effective immediately [HB2779 Detail]
Download: Texas-2011-HB2779-Engrossed.html
Bill Title: Relating to provisions in the dedicatory instruments of property owners' associations regarding display of flags.
Spectrum: Slight Partisan Bill (Republican 9-3)
Status: (Passed) 2011-06-17 - Effective immediately [HB2779 Detail]
Download: Texas-2011-HB2779-Engrossed.html
By: Bohac, Fletcher, Deshotel, Chisum, | H.B. No. 2779 | |
Harless, et al. |
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relating to provisions in the dedicatory instruments of property | ||
owners' associations regarding display of flags. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 202, Property Code, is amended by adding | ||
Section 202.011 to read as follows: | ||
Sec. 202.011. FLAG DISPLAY. (a) A property owners' | ||
association may not, except as provided in this section, adopt or | ||
enforce a dedicatory instrument provision that prohibits, | ||
restricts, or has the effect of prohibiting or restricting an owner | ||
from the display of: | ||
(1) the flag of the United States of America; | ||
(2) the flag of the State of Texas; | ||
(3) a flag of a political subdivision of this state; or | ||
(4) an official or replica flag of any branch of the | ||
United States armed forces. | ||
(b) A property owners' association may adopt or enforce | ||
reasonable dedicatory instrument provisions: | ||
(1) that require: | ||
(A) the flag of the United States be displayed in | ||
accordance with 4 U.S.C. Sections 5-10; | ||
(B) the flag of the State of Texas be displayed in | ||
accordance with Chapter 3100, Government Code; | ||
(C) a flagpole attached to a dwelling or a | ||
freestanding flagpole be constructed of permanent, long-lasting | ||
materials, with a finish appropriate to the materials used in the | ||
construction of the flagpole and harmonious with the dwelling; | ||
(D) the display of a flag, or the location and | ||
construction of the supporting flagpole, to comply with applicable | ||
zoning ordinances, easements, and setbacks of record; and | ||
(E) a displayed flag and the flagpole on which it | ||
is flown be maintained in good condition and that any deteriorated | ||
flag or deteriorated or structurally unsafe flagpole be repaired, | ||
replaced, or removed; | ||
(2) that regulate the size, number, and location of | ||
flagpoles on which flags are displayed, except that the regulation | ||
may not prevent the installation or erection of at least one | ||
flagpole per property that is not more than 20 feet in height; | ||
(3) that govern the size of a displayed flag; | ||
(4) that regulate the size, location, and intensity of | ||
any lights used to illuminate a displayed flag; | ||
(5) that impose reasonable restrictions to abate noise | ||
caused by an external halyard of a flagpole; or | ||
(6) that prohibit a property owner from locating a | ||
displayed flag or flagpole on property that is: | ||
(A) owned or maintained by the property owners' | ||
association; or | ||
(B) owned in common by the members of the | ||
association. | ||
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. |