85R1069 AJA-F
By: Bettencourt, Kolkhorst S.B. No. 1609
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. Sections 202.018(a) and (b), Property Code, are
amended to read as follows:
(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 property
[dwelling] one or more religious items the display of which is
motivated by the owner's or resident's sincere religious belief.
(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 property [dwelling] that:
(1) threatens the public health or safety;
(2) violates a law other than a law prohibiting the
display of religious speech; or
(3) contains language, graphics, or any display that
is patently offensive to a passerby for reasons other than its
religious content [;
[(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].
SECTION 2. Sections 202.018(c) and (d), Property Code, are
repealed.
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, 2017.