| 1 | 1 | | 81R1760 AJA-D |
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| 2 | 2 | | By: Smith of Tarrant H.B. No. 147 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a restrictive covenant, rule, or other prohibition |
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| 8 | 8 | | regulating a homeowner's display of the United States flag. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 202, Property Code, is amended by adding |
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| 11 | 11 | | Section 202.011 to read as follows: |
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| 12 | 12 | | Sec. 202.011. REGULATION OF DISPLAY OF FLAG. (a) A |
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| 13 | 13 | | property owners' association may not enforce a restrictive covenant |
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| 14 | 14 | | that prohibits or restricts the display of the United States flag by |
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| 15 | 15 | | a property owner on the owner's property unless the prohibition or |
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| 16 | 16 | | restriction is clearly and specifically stated in the covenant. |
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| 17 | 17 | | (b) A restrictive covenant, rule, or other prohibition may |
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| 18 | 18 | | not be adopted if the prohibition or restriction prevents a |
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| 19 | 19 | | property owner from displaying the United States flag in a size not |
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| 20 | 20 | | larger than three feet by five feet in a respectful manner on the |
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| 21 | 21 | | owner's property. |
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| 22 | 22 | | (c) This section does not prohibit the adoption of a |
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| 23 | 23 | | restrictive covenant or rule allowing the display of the United |
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| 24 | 24 | | States flag larger than three feet by five feet. |
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| 25 | 25 | | (d) For purposes of this section, the United States flag is |
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| 26 | 26 | | displayed in a respectful manner if the flag is displayed in the |
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| 27 | 27 | | manner provided by 4 U.S.C. Sections 6-8, as amended. |
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| 28 | 28 | | SECTION 2. Section 202.011(a), Property Code, as added by |
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| 29 | 29 | | this Act, applies to a restrictive covenant, rule, or other |
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| 30 | 30 | | prohibition adopted before, on, or after the effective date of this |
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| 31 | 31 | | Act. |
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| 32 | 32 | | SECTION 3. This Act takes effect immediately if it receives |
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| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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| 36 | 36 | | Act takes effect September 1, 2009. |
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