Bill Text: TX HB3460 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to provisions in the dedicatory instruments of property owners' associations regarding display of flags.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-05-12 - Placed on General State Calendar [HB3460 Detail]
Download: Texas-2015-HB3460-Comm_Sub.html
| 84R23201 LEH-F | |||
| By: Murr | H.B. No. 3460 | ||
| Substitute the following for H.B. No. 3460: | |||
| By: Oliveira | C.S.H.B. No. 3460 | ||
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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. Sections 202.012(a) and (b), Property Code, are | ||
| amended to read as follows: | ||
| (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; [ |
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| (3) an official or replica flag of any branch of the | ||
| United States armed forces; | ||
| (4) any variation of a Gold Star, Silver Star, or Blue | ||
| Star service flag; | ||
| (5) any variation of a POW/MIA flag; or | ||
| (6) any historical flag of the State of Texas. | ||
| (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: | ||
| (A) is not more than 20 feet in height and, | ||
| subject to applicable zoning ordinances, easements, and setbacks of | ||
| record, is located in the front yard of the property; or | ||
| (B) is attached to any portion of a residential | ||
| structure owned by the property owner and not maintained by the | ||
| property owners' association; | ||
| (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; [ |
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| (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; or | ||
| (7) that prohibit the display of more than three | ||
| flags. | ||
| SECTION 2. This Act takes effect September 1, 2015. | ||
