Bill Text: TX HB2129 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to a restrictive covenant, rule, or other prohibition regulating a homeowner's display of the United States flag.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-03-21 - Left pending in committee [HB2129 Detail]
Download: Texas-2011-HB2129-Introduced.html
| 82R10217 PMO-D | ||
| By: Fletcher | H.B. No. 2129 | |
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| relating to a restrictive covenant, rule, or other prohibition | ||
| regulating a homeowner's display of the United States flag. | ||
| 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. REGULATION OF DISPLAY OF FLAG. (a) A | ||
| property owners' association may not enforce a restrictive covenant | ||
| that prohibits or restricts the display of the United States flag by | ||
| a property owner on the owner's property unless the prohibition or | ||
| restriction is clearly and specifically stated in the covenant. | ||
| (b) A restrictive covenant, rule, or other prohibition may | ||
| not be adopted or enforced if the prohibition or restriction | ||
| prevents a property owner from displaying the United States flag: | ||
| (1) in a size not larger than four feet by six feet; | ||
| (2) in the area behind the family home on the owner's | ||
| property; | ||
| (3) on a flagpole not more than 25 feet tall; and | ||
| (4) in a respectful manner. | ||
| (c) This section does not prohibit the adoption or | ||
| enforcement of a restrictive covenant or rule allowing the display | ||
| of the United States flag larger than four feet by six feet. | ||
| (d) For purposes of this section, the United States flag is | ||
| displayed in a respectful manner if the flag is displayed in the | ||
| manner provided by 4 U.S.C. Sections 6-8, as amended. | ||
| SECTION 2. Section 202.011(a), Property Code, as added by | ||
| this Act, applies to a restrictive covenant, rule, or other | ||
| prohibition adopted before, on, or after the effective date of this | ||
| Act. | ||
| 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, 2011. | ||
