Bill Text: TX HB680 | 2013-2014 | 83rd Legislature | Enrolled

Texas House Bill 680 (Prior Session Legislation)

Bill Title: Relating to provisions in the dedicatory instruments of property owners' associations regarding display of flags.

Sponsorship: Strong Partisan Bill (Republican 10-1)

Status: (Passed) 2013-06-14 - Effective immediately [HB680 Detail]

Download: Texas-2013-HB680-Enrolled.html



	H.B. No. 680




	AN ACT
	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. Section 202.001, Property Code, is amended by
	adding Subdivision (5) to read as follows:
	(5) "Front yard" means a yard within a lot having a
	front building setback line with a setback of not less than 15 feet
	extending the full width of the lot between the front lot line and
	the front building setback line.
	SECTION 2. Section 202.011, Property Code, as added by
	Chapter 1028 (H.B. 2779), Acts of the 82nd Legislature, Regular
	Session, 2011, is amended by amending Subsection (b) and adding
	Subsection (c) to read as follows:
	(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; 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.
	(c) A property owner who has a front yard and who otherwise
	complies with any permitted property owners' association
	regulations may elect to install a flagpole in accordance with
	either Subsection (b)(2)(A) or Subsection (b)(2)(B).
	SECTION 3. 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, 2013.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 680 was passed by the House on April
	3, 2013, by the following vote: Yeas 145, Nays 2, 2 present, not
	voting; that the House refused to concur in Senate amendments to
	H.B. No. 680 on May 24, 2013, and requested the appointment of a
	conference committee to consider the differences between the two
	houses; and that the House adopted the conference committee report
	on H.B. No. 680 on May 26, 2013, by the following vote: Yeas 146,
	Nays 1, 2 present, not voting.

	______________________________
	Chief Clerk of the House

	I certify that H.B. No. 680 was passed by the Senate, with
	amendments, on May 22, 2013, by the following vote: Yeas 31, Nays
	0; at the request of the House, the Senate appointed a conference
	committee to consider the differences between the two houses; and
	that the Senate adopted the conference committee report on H.B. No.
	680 on May 26, 2013, by the following vote: Yeas 31, Nays 0.

	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date

	__________________
	Governor