82R9286 PMO-F
By: Patrick S.B. No. 1792
A BILL TO BE ENTITLED
AN ACT
relating to unenforceable restrictive covenants affecting
residential homes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 202, Property Code, is amended by adding
Section 202.012 to read as follows:
Sec. 202.012. FLAG DISPLAY. (a) In this section, "owner"
has the meaning assigned by Section 201.003, except that the term
also includes a relative or tenant of an owner.
(b) A property owners' association may not, except as
provided in this section, adopt or enforce a dedicatory instrument
provision that prohibits, restricts, or has the effect of
prohibiting or restricting an owner from the display of:
(1) the flag of the United States of America;
(2) the flag of the State of Texas; or
(3) an official or replica flag of any branch of the
United States armed forces.
(c) A property owners' association may adopt or enforce
reasonable dedicatory instrument provisions:
(1) that require:
(A) the flag of the United States be displayed in
accordance with 4 U.S.C. Sections 5-10;
(B) the flag of the State of Texas be displayed in
accordance with Chapter 3100, Government Code;
(C) a flagpole attached to a dwelling or a
freestanding flagpole be constructed of permanent, long-lasting
materials, with a finish appropriate to the materials used in the
construction of the flagpole and harmonious with the dwelling;
(D) the display of a flag, or the location and
construction of the supporting flagpole, to comply with applicable
zoning ordinances, easements, and setbacks of record; and
(E) a displayed flag and the flagpole on which it
is flown be maintained in good condition and that any deteriorated
flag or deteriorated or structurally unsafe flagpole be repaired,
replaced, or removed;
(2) that regulate the location of the flagpole on
which a flag is displayed, except that the regulation may not
prevent the flag from being seen or a flagpole from being installed
or erected;
(3) that govern the size of a displayed flag; and
(4) that regulate the size, location, and intensity of
any lights used to illuminate a displayed flag.
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.