| 1 | 1 | | By: Coleman, Leibowitz, Naishtat H.B. No. 3025 |
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| 2 | 2 | | (Senate Sponsor - Shapiro) |
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| 3 | 3 | | (In the Senate - Received from the House April 29, 2009; |
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| 4 | 4 | | May 4, 2009, read first time and referred to Committee on |
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| 5 | 5 | | Intergovernmental Relations; May 25, 2009, reported adversely, |
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| 6 | 6 | | with favorable Committee Substitute by the following vote: Yeas 5, |
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| 7 | 7 | | Nays 0; May 25, 2009, sent to printer.) |
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| 8 | 8 | | COMMITTEE SUBSTITUTE FOR H.B. No. 3025 By: Wentworth |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | A BILL TO BE ENTITLED |
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| 12 | 12 | | AN ACT |
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| 13 | 13 | | relating to regulation by a property owners' association of certain |
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| 14 | 14 | | religious displays. |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 16 | | SECTION 1. Chapter 202, Property Code, is amended by adding |
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| 17 | 17 | | Section 202.018 to read as follows: |
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| 18 | 18 | | Sec. 202.018. REGULATION OF DISPLAY OF CERTAIN RELIGIOUS |
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| 19 | 19 | | ITEMS. (a) Except as otherwise provided by this section, a |
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| 20 | 20 | | property owners' association may not enforce or adopt a restrictive |
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| 21 | 21 | | covenant that prohibits a property owner or resident from |
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| 22 | 22 | | displaying or affixing on the entry to the owner's or resident's |
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| 23 | 23 | | dwelling one or more religious items that are expected to be |
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| 24 | 24 | | displayed by a tenet of the owner's or resident's religion. |
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| 25 | 25 | | (b) This section does not prohibit the enforcement or |
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| 26 | 26 | | adoption of a covenant that, to the extent allowed by the |
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| 27 | 27 | | constitution of this state and the United States, prohibits the |
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| 28 | 28 | | display or affixing of a religious item on the entry to the owner's |
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| 29 | 29 | | or resident's dwelling that: |
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| 30 | 30 | | (1) threatens the public health or safety; |
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| 31 | 31 | | (2) violates a law; |
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| 32 | 32 | | (3) contains language, graphics, or any display that |
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| 33 | 33 | | is patently offensive to a passerby; |
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| 34 | 34 | | (4) is in a location other than the entry door or door |
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| 35 | 35 | | frame or extends past the outer edge of the door frame of the |
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| 36 | 36 | | owner's or resident's dwelling; or |
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| 37 | 37 | | (5) individually or in combination with each other |
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| 38 | 38 | | religious item displayed or affixed on the entry door or door frame |
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| 39 | 39 | | has a total size of greater than 25 square inches. |
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| 40 | 40 | | (c) Except as otherwise provided by this section, this |
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| 41 | 41 | | section does not authorize an owner or resident to use a material or |
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| 42 | 42 | | color for an entry door or door frame of the owner's or resident's |
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| 43 | 43 | | dwelling or make an alteration to the entry door or door frame that |
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| 44 | 44 | | is not authorized by the restrictive covenants governing the |
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| 45 | 45 | | dwelling. |
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| 46 | 46 | | (d) A property owners' association may remove an item |
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| 47 | 47 | | displayed in violation of a restrictive covenant permitted by this |
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| 48 | 48 | | section. |
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| 49 | 49 | | SECTION 2. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2009. |
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| 54 | 54 | | * * * * * |
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