Bill Text: TX HB3775 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the authority of a property owners' association to regulate the assembly, association, and speech of property owners or residents related to governmental officials or candidates for political office.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-20 - Referred to Business & Industry [HB3775 Detail]
Download: Texas-2023-HB3775-Introduced.html
By: Jetton | H.B. No. 3775 |
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relating to the authority of a property owners' association to | ||
regulate the assembly, association, and speech of property owners | ||
or residents related to governmental officials or candidates for | ||
political office. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 202, Property Code, is amended by adding | ||
Section 202.013 to read as follows: | ||
Sec. 202.013. REGULATION OF ASSEMBLY, ASSOCIATION, AND | ||
SPEECH. (a) This section does not apply to a common area of a | ||
property owners' association that is not made available for | ||
meetings: | ||
(1) due to designated seasonal use; or | ||
(2) other than a meeting of the property owners' | ||
association, the board of the property owners' association, or a | ||
committee of the association or the association's board. | ||
(b) Except as otherwise provided by this section, a property | ||
owners' association may not adopt or enforce a provision in a | ||
dedicatory instrument that prohibits or has the effect of | ||
prohibiting a property owner or resident from inviting governmental | ||
officials and candidates who have been qualified in the appropriate | ||
election to run for public governmental office to address or meet | ||
with property owners' association members, residents, or their | ||
invitees in common areas of the association. | ||
(c) A property owners' association may require gatherings | ||
described by Subsection (b) to abide by the same provisions of a | ||
dedicatory instrument that apply to any other gathering held in a | ||
common area of the association, including a provision: | ||
(1) requiring a room rental fee or deposit; | ||
(2) limiting the maximum occupancy of the common area | ||
where the meeting is to be held; | ||
(3) establishing hours during which a meeting may be | ||
held in the common area; | ||
(4) specifying the common areas of the association | ||
that are available to the association members for meetings; or | ||
(5) requiring a written reservation or rental | ||
agreement. | ||
(d) This section does not apply to a property owners' | ||
association that qualifies for tax exempt status under Section | ||
501(c)(3), Internal Revenue Code of 1986. | ||
SECTION 2. This Act takes effect September 1, 2023. |