By: Coleman, Riddle, Hochberg H.B. No. 1278
(Senate Sponsor - Seliger)
(In the Senate - Received from the House May 9, 2011;
May 10, 2011, read first time and referred to Committee on
Intergovernmental Relations; May 19, 2011, reported favorably by
the following vote: Yeas 5, Nays 0; May 19, 2011, sent to printer.)
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 that are expected to be
displayed by a tenet of the owner's or resident's religion.
(b) This section does not prohibit the enforcement or
adoption of a covenant that, to the extent allowed by the
constitution of this state and the United States, prohibits the
display or affixing of a religious item on the entry to the owner's
or resident's dwelling that:
(1) threatens the public health or safety;
(2) violates a law;
(3) contains language, graphics, or any display that
is patently offensive to a passerby;
(4) is in a location other than the entry door or door
frame or extends past the outer edge of the door frame of the
owner's or resident's dwelling; or
(5) individually or in combination with each other
religious item displayed or affixed on the entry door or door frame
has a total size of greater than 25 square inches.
(c) Except as otherwise provided by this section, this
section does not authorize an owner or resident to use a material or
color for an entry door or door frame of the owner's or resident's
dwelling or make an alteration to the entry door or door frame that
is not authorized by the restrictive covenants governing the
dwelling.
(d) 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, 2011.
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