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A BILL TO BE ENTITLED
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AN ACT
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relating to unenforceable restrictive covenants affecting |
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residential homes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 202, Property Code, is amended by adding |
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Section 202.012 to read as follows: |
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Sec. 202.012. FLAG DISPLAY. (a) In this section, "owner" |
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has the meaning assigned by Section 201.003, except that the term |
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also includes a relative or tenant of an owner. |
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(b) A property owners' association may not, except as |
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provided in this section, adopt or enforce a dedicatory instrument |
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provision that prohibits, restricts, or has the effect of |
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prohibiting or restricting an owner from the display of: |
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(1) the flag of the United States of America; |
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(2) the flag of the State of Texas; or |
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(3) an official or replica flag of any branch of the |
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United States armed forces. |
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(c) A property owners' association may adopt or enforce |
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reasonable dedicatory instrument provisions: |
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(1) that require: |
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(A) the flag of the United States be displayed in |
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accordance with 4 U.S.C. Sections 5-10; |
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(B) the flag of the State of Texas be displayed in |
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accordance with Chapter 3100, Government Code; |
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(C) a flagpole attached to a dwelling or a |
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freestanding flagpole be constructed of permanent, long-lasting |
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materials, with a finish appropriate to the materials used in the |
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construction of the flagpole and harmonious with the dwelling; |
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(D) the display of a flag, or the location and |
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construction of the supporting flagpole, to comply with applicable |
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zoning ordinances, easements, and setbacks of record; and |
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(E) a displayed flag and the flagpole on which it |
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is flown be maintained in good condition and that any deteriorated |
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flag or deteriorated or structurally unsafe flagpole be repaired, |
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replaced, or removed; |
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(2) that regulate the location of the flagpole on |
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which a flag is displayed, except that the regulation may not |
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prevent the flag from being seen or a flagpole from being installed |
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or erected; |
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(3) that govern the size of a displayed flag; and |
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(4) that regulate the size, location, and intensity of |
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any lights used to illuminate a displayed flag. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |