Texas 2025 - 89th Regular

Texas Senate Bill SB700

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of a property owners' association to regulate the assembly, association, and speech of property owners or residents.

Impact

If enacted, SB700 will significantly impact existing regulations which property owners' associations have been able to enforce regarding gatherings and speech. This change could lead to increased civic engagement among residents as they will have the ability to assemble freely and speak out on matters concerning their communities. Furthermore, the bill stipulates that while associations cannot restrict assembly and speech, they can still enforce provisions that prevent speech threatening public health or safety, or that violates the law. Thus, associations may need to navigate carefully as they rewrite their bylaws to comply with this new legal framework.

Summary

SB700 aims to redefine the authority of property owners' associations in Texas concerning regulating the assembly, association, and speech of property owners and residents. The bill specifically prohibits property owners' associations from adopting or enforcing provisions that restrict the ability of residents to peacefully assemble, meet, or invite guest speakers without prior approval. These provisions cover gatherings held on property maintained by the associations or owned in common by members. This bill is poised to enhance the rights of property owners and enable more open discourse within communities regarding local governance and community issues.

Contention

Notably, SB700 may ignite contention among property owners' associations and their members, as concerns may arise regarding the potential for disruptive assemblies or politically charged discussions. Some association leaders may argue that without these regulatory powers, the order and governance of community spaces could be compromised. On the other hand, proponents of the bill could assert that it is a necessary step towards protecting individual rights and promoting democratic engagement in neighborhood matters. This tension underscores the balancing act between enforcing community standards and guarding personal freedoms.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 202. Construction And Enforcement Of Restrictive Covenants
    • Section: New Section

Companion Bills

TX HB918

Identical Relating to the authority of a property owners' association to regulate the assembly, association, and speech of property owners or residents.

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