81R9442 UM-D
By: Coleman H.B. No. 3025
A BILL TO BE ENTITLED
AN ACT
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. Chapter 202, Property Code, is amended by adding
Section 202.018 to read as follows:
Sec. 202.018. REGULATION OF DISPLAY OF CERTAIN RELIGIOUS
ITEMS. (a) Except as otherwise provided by this section, a
property owners' association may not enforce or adopt a restrictive
covenant that prohibits a property owner or resident from
displaying or affixing on the entry to the owner's or resident's
dwelling one or more religious items required to be displayed by a
tenet of the owner's or resident's religion, including a mezuzah.
(b) This section does not prohibit the enforcement or
adoption of a covenant that prohibits the display or affixing of a
religious item on the entry to the owner's dwelling that:
(1) threatens the public health or safety;
(2) violates a law; or
(3) contains language, graphics, or any display that
would be offensive to the ordinary person.
(c) A property owners' association may remove an item
displayed in violation of a restrictive covenant permitted by this
section.
SECTION 2. 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, 2009.