Bill Text: TX SB1792 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to unenforceable restrictive covenants affecting residential homes.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-03-23 - Referred to Intergovernmental Relations [SB1792 Detail]
Download: Texas-2011-SB1792-Introduced.html
| 82R9286 PMO-F | ||
| By: Patrick | S.B. No. 1792 | |
|
|
||
|
|
||
| relating to unenforceable restrictive covenants affecting | ||
| residential homes. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 202, Property Code, is amended by adding | ||
| Section 202.012 to read as follows: | ||
| Sec. 202.012. FLAG DISPLAY. (a) In this section, "owner" | ||
| has the meaning assigned by Section 201.003, except that the term | ||
| also includes a relative or tenant of an owner. | ||
| (b) 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; or | ||
| (3) an official or replica flag of any branch of the | ||
| United States armed forces. | ||
| (c) 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 location of the flagpole on | ||
| which a flag is displayed, except that the regulation may not | ||
| prevent the flag from being seen or a flagpole from being installed | ||
| or erected; | ||
| (3) that govern the size of a displayed flag; and | ||
| (4) that regulate the size, location, and intensity of | ||
| any lights used to illuminate a displayed flag. | ||
| 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. | ||
