Texas 2017 - 85th Regular

Texas Senate Bill SB1609 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Bettencourt, et al. S.B. No. 1609
2		-	(Schofield)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to regulation by a property owners' association of certain
8	7		religious displays.
9	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	9		SECTION 1. Section 202.018, Property Code, is amended by
11	10		amending Subsections (a) and (b) and adding Subsections (b-1),
12	11		(b-2), and (b-3) to read as follows:
13	12		(a) Except as otherwise provided by this section, a property
14	13		owners' association may not enforce or adopt a provision in a
15	14		dedicatory instrument, including a restrictive covenant, that
16	15		prohibits a property owner or resident from displaying or affixing
17	16		on the [entry to the] owner's or resident's property or dwelling one
18	17		or more religious items the display of which is motivated by the
19	18		owner's or resident's sincere religious belief.
20	19		(b) This section does not prohibit the enforcement or
21	20		adoption of a provision in a dedicatory instrument, including a
22	21		restrictive covenant, that, to the extent allowed by the
23	22		constitution of this state and the United States, prohibits the
24	23		display or affixing of a religious item on the [entry to the]
25	24		owner's or resident's property or dwelling that:
26	25		(1) threatens the public health or safety;
27	26		(2) violates a law other than a law prohibiting the
28	27		display of religious speech;
29	28		(3) contains language, graphics, or any display that
30	29		is patently offensive to a passerby for reasons other than its
31	30		religious content; or
32	31		(4) is installed on property:
33	32		(A) owned or maintained by the property owners'
34	33		association; or
35	34		(B) owned in common by members of the property
36	35		owners' association [in a location other than the entry door or door
37	36		frame or extends past the outer edge of the door frame of the
38	37		owner's or resident's dwelling; or
39	38		[(5) individually or in combination with each other
40	39		religious item displayed or affixed on the entry door or door frame
41	40		has a total size of greater than 25 square inches].
42	41		(b-1) Except as provided by Subsection (b-3), a property
43	42		owners' association may enforce a provision of a dedicatory
44	43		instrument, including a restrictive covenant, that prohibits:
45	44		(1) the display of a religious item for more than 30
46	45		days if the item:
47	46		(A) contains roofing material, siding, paving
48	47		materials, one or more balloons or lights, or any other similar
49	48		building component;
50	49		(B) is attached in any way to a traffic control
51	50		device, a light, a trailer, a vehicle, or any other existing
52	51		structure or object;
53	52		(C) includes the painting of architectural
54	53		surfaces;
55	54		(D) is a display that contains:
56	55		(i) more than two components; or
57	56		(ii) a component that is larger than three
58	57		feet by three feet by two feet;
59	58		(E) violates any applicable building line,
60	59		right-of-way, setback, or easement;
61	60		(F) is accompanied by music, sounds, lights,
62	61		reflective material, or streamers or is otherwise distracting to
63	62		motorists;
64	63		(G) is not maintained as provided by law or a
65	64		dedicatory instrument; or
66	65		(H) is installed without prior approval of the
67	66		property owners' association or the association's architectural
68	67		control committee, as applicable, if:
69	68		(i) the approval of the association or
70	69		committee is otherwise required by a dedicatory instrument; and
71	70		(ii) the association or committee provides
72	71		decisions on prior approval requests within a reasonable period or
73	72		within a period specified in a dedicatory instrument; or
74	73		(2) the display of a religious item that is subject to
75	74		restriction under Subdivision (1) for a religious event or holiday:
76	75		(A) earlier than the 30th day before the date on
77	76		which the religious event or holiday begins; or
78	77		(B) later than the 14th day after the date on
79	78		which the religious event or holiday ends.
80	79		(b-2) If prior approval of a display is required, a property
81	80		owners' association or the association's architectural control
82	81		committee, as applicable, shall approve an owner's or resident's
83	82		request to display a religious item if the display of the item
84	83		complies with the association's dedicatory instruments consistent
85	84		with Subsections (b) and (b-1)(1). The association shall notify
86	85		owners and residents that approval of the display of a religious
87	86		item is required for a display that is not subject to restriction
88	87		under Subsection (b) or Subsections (b-1)(1)(A) through (G).
89	88		(b-3) Subsection (b-1) is not a basis to prohibit an owner
90	89		or resident from affixing on the entry door or door frame of the
91	90		owner's or resident's dwelling one or more religious items the
92	91		display of which is motivated by the owner's or resident's sincere
93	92		religious belief if the items:
94	93		(1) do not extend past the outer edge of the door frame
95	94		of the dwelling; and
96	95		(2) individually or in combination with each other do
97	96		not exceed 25 square inches.
98	97		SECTION 2. Sections 202.018(c) and (d), Property Code, are
99	98		repealed.
100	99		SECTION 3. This Act takes effect immediately if it receives
101	100		a vote of two-thirds of all the members elected to each house, as
102	101		provided by Section 39, Article III, Texas Constitution. If this
103	102		Act does not receive the vote necessary for immediate effect, this
104	103		Act takes effect September 1, 2017.