Bill Text: TX HB522 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to regulation by a property owners' association of certain religious displays.
Spectrum: Partisan Bill (Republican 44-0)
Status: (Introduced - Dead) 2017-05-01 - Considered in Calendars [HB522 Detail]
Download: Texas-2017-HB522-Comm_Sub.html
85R19193 AJA-F | |||
By: Schofield, Shaheen, et al. | H.B. No. 522 | ||
Substitute the following for H.B. No. 522: | |||
By: Shine | C.S.H.B. No. 522 |
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relating to regulation by a property owners' association of certain | ||
religious displays. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 202.018, Property Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsections (b-1), | ||
(b-2), and (b-3) to read as follows: | ||
(a) Except as otherwise provided by this section, a property | ||
owners' association may not enforce or adopt a provision in a | ||
dedicatory instrument, including a restrictive covenant, that | ||
prohibits a property owner or resident from displaying or affixing | ||
on the [ |
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or more religious items the display of which is motivated by the | ||
owner's or resident's sincere religious belief. | ||
(b) This section does not prohibit the enforcement or | ||
adoption of a provision in a dedicatory instrument, including a | ||
restrictive covenant, that, to the extent allowed by the | ||
constitution of this state and the United States, prohibits the | ||
display or affixing of a religious item on the [ |
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owner's or resident's property or dwelling that: | ||
(1) threatens the public health or safety; | ||
(2) violates a law other than a law prohibiting the | ||
display of religious speech; | ||
(3) contains language, graphics, or any display that | ||
is patently offensive to a passerby for reasons other than its | ||
religious content; or | ||
(4) is installed on property: | ||
(A) owned or maintained by the property owners' | ||
association; or | ||
(B) owned in common by members of the property | ||
owners' association [ |
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(b-1) Except as provided by Subsection (b-3), a property | ||
owners' association may enforce a provision of a dedicatory | ||
instrument, including a restrictive covenant, that prohibits: | ||
(1) the display of a religious item for more than 30 | ||
days if the item: | ||
(A) contains roofing material, siding, paving | ||
materials, one or more balloons or lights, or any other similar | ||
building component; | ||
(B) is attached in any way to a traffic control | ||
device, a light, a trailer, a vehicle, or any other existing | ||
structure or object; | ||
(C) includes the painting of architectural | ||
surfaces; | ||
(D) is a display that contains: | ||
(i) more than two components; or | ||
(ii) a component that is larger than three | ||
feet by three feet by two feet; | ||
(E) violates any applicable building line, | ||
right-of-way, setback, or easement; | ||
(F) is accompanied by music, sounds, lights, | ||
reflective material, or streamers or is otherwise distracting to | ||
motorists; | ||
(G) is not maintained as provided by law or a | ||
dedicatory instrument; or | ||
(H) is installed without prior approval of the | ||
property owners' association or the association's architectural | ||
control committee, as applicable, if: | ||
(i) the approval of the association or | ||
committee is otherwise required by a dedicatory instrument; and | ||
(ii) the association or committee provides | ||
decisions on prior approval requests within a reasonable period or | ||
within a period specified in a dedicatory instrument; or | ||
(2) the display of a religious item that is subject to | ||
restriction under Subdivision (1) for a religious event or holiday: | ||
(A) earlier than the 30th day before the date on | ||
which the religious event or holiday begins; or | ||
(B) later than the 14th day after the date on | ||
which the religious event or holiday ends. | ||
(b-2) If prior approval of a display is required, a property | ||
owners' association or the association's architectural control | ||
committee, as applicable, shall approve an owner's or resident's | ||
request to display a religious item if the display of the item | ||
complies with the association's dedicatory instruments consistent | ||
with Subsections (b) and (b-1)(1). The association shall notify | ||
owners and residents that approval of the display of a religious | ||
item is required for a display that is not subject to restriction | ||
under Subsection (b) or Subsections (b-1)(1)(A) through (G). | ||
(b-3) Subsection (b-1) is not a basis to prohibit an owner | ||
or resident from affixing on the entry door or door frame of the | ||
owner's or resident's dwelling one or more religious items the | ||
display of which is motivated by the owner's or resident's sincere | ||
religious belief if the items: | ||
(1) do not extend past the outer edge of the door frame | ||
of the dwelling; and | ||
(2) individually or in combination with each other do | ||
not exceed 25 square inches. | ||
SECTION 2. Sections 202.018(c) and (d), Property Code, are | ||
repealed. | ||
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, 2017. |