Texas House Bill HB147

Texas 2009 - 81st Regular

• Filed: 11/10/08

Caption

Relating to a restrictive covenant, rule, or other prohibition regulating a homeowner's display of the United States flag.

Impact

The legislation requires that homeowners be allowed to display the United States flag, provided it is no larger than three feet by five feet and is displayed respectfully, as defined by federal guidelines. This change empowers homeowners against potential restrictions imposed by property associations, aligning state laws with the recognition of the flag's symbolic importance and the rights of individuals to express their patriotism. This can be seen as a move to strengthen homeowner rights in the face of local regulatory controls.

Summary

House Bill 147 seeks to amend the Texas Property Code by introducing regulations that govern the display of the United States flag by homeowners. The primary focus of the bill is to prevent property owners' associations (POAs) from enforcing restrictive covenants that prohibit or limit the display of the United States flag. Specifically, the bill stipulates that any such prohibition must be explicitly stated in the covenant, thereby providing clearer guidelines for property owners regarding their rights to display the flag on their property.

Contention

There may be points of contention surrounding the bill as it modifies existing rules about how homeowner associations regulate property aesthetics. While proponents argue that the bill is essential for preserving the right to display national symbols, opponents may contend that enabling such displays could lead to conflicts with community standards or interfere with aesthetic agreements made within neighborhoods. Further discussions may arise about the appropriateness of state intervention in local governance of property use, which is often a sensitive issue in community planning.