By: Burkett, et al. (Senate Sponsor - Patrick) H.B. No. 680
(In the Senate - Received from the House April 4, 2013;
April 10, 2013, read first time and referred to Committee on
Intergovernmental Relations; May 17, 2013, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 4,
Nays 0; May 17, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 680 By: Garcia
A BILL TO BE ENTITLED
AN ACT
relating to provisions in the dedicatory instruments of property
owners' associations regarding display of flags.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 202.001, Property Code, is amended by
adding Subdivision (5) to read as follows:
(5) "Front yard" means a yard within a lot having a
front building setback line with a setback of not less than 20 feet
extending the full width of the lot between the front lot line and
the front building setback line.
SECTION 2. Section 202.011, Property Code, as added by
Chapter 1028 (H.B. 2779), Acts of the 82nd Legislature, Regular
Session, 2011, is amended by amending Subsection (b) and adding
Subsection (c) to read as follows:
(b) 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 size, number, and location of
flagpoles on which flags are displayed, except that the regulation
may not prevent the installation or erection of at least one
flagpole per property that:
(A) is not more than 20 feet in height and,
subject to applicable zoning ordinances, easements, and setbacks of
record, is located in the front yard of the property; or
(B) is attached to any portion of a residential
structure owned by the property owner and not maintained by the
property owners' association;
(3) that govern the size of a displayed flag;
(4) that regulate the size, location, and intensity of
any lights used to illuminate a displayed flag;
(5) that impose reasonable restrictions to abate noise
caused by an external halyard of a flagpole; [or]
(6) that prohibit a property owner from locating a
displayed flag or flagpole on property that is:
(A) owned or maintained by the property owners'
association; or
(B) owned in common by the members of the
association; or
(7) that prohibit a flagpole that was installed
without prior approval by the property owners' association or by a
committee created in a dedicatory instrument for such purposes that
provides decisions within a reasonable period or within a period
specified in the dedicatory instrument.
(c) A property owner who has a front yard and who otherwise
complies with any permitted property owners' association
regulations may elect to install a flagpole in accordance with
either Subsection (b)(2)(A) or Subsection (b)(2)(B).
SECTION 3. 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, 2013.
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