84R23201 LEH-F
By: Murr H.B. No. 3460
Substitute the following for H.B. No. 3460:
By: Oliveira C.S.H.B. No. 3460
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. Sections 202.012(a) and (b), Property Code, are
amended to read as follows:
(a) 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;
(4) any variation of a Gold Star, Silver Star, or Blue
Star service flag;
(5) any variation of a POW/MIA flag; or
(6) any historical flag of the State of Texas.
(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 the display of more than three
flags.
SECTION 2. This Act takes effect September 1, 2015.