85S10013 AJA-F
By: Schofield H.B. No. 56
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. Section 202.018, Property Code, is amended by
amending Subsections (a) and (b) and adding Subsections (b-1),
(b-2), and (b-3) to read as follows:
(a) Except as otherwise provided by this section, a property
owners' association may not enforce or adopt a provision in a
dedicatory instrument, including 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 or 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 provision in a dedicatory instrument, including a
restrictive 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 or dwelling that:
(1) threatens the public health or safety;
(2) violates a law other than a law prohibiting the
display of religious speech;
(3) contains language, graphics, or any display that
is patently offensive to a passerby for reasons other than its
religious content; or
(4) is installed on property:
(A) owned or maintained by the property owners'
association; or
(B) owned in common by members of the property
owners' association [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].
(b-1) Except as provided by Subsection (b-3), a property
owners' association may enforce a provision of a dedicatory
instrument, including a restrictive covenant, that prohibits:
(1) the display of a religious item for more than 30
days if the item:
(A) contains roofing material, siding, paving
materials, one or more balloons or lights, or any other similar
building component;
(B) is attached in any way to a traffic control
device, a light, a trailer, a vehicle, or any other existing
structure or object;
(C) includes the painting of architectural
surfaces;
(D) is a display that contains:
(i) more than two components; or
(ii) a component that is larger than three
feet by three feet by two feet;
(E) violates any applicable building line,
right-of-way, setback, or easement;
(F) is accompanied by music, sounds, lights,
reflective material, or streamers or is otherwise distracting to
motorists;
(G) is not maintained as provided by law or a
dedicatory instrument; or
(H) is installed without prior approval of the
property owners' association or the association's architectural
control committee, as applicable, if:
(i) the approval of the association or
committee is otherwise required by a dedicatory instrument; and
(ii) the association or committee provides
decisions on prior approval requests within a reasonable period or
within a period specified in a dedicatory instrument; or
(2) the display of a religious item that is subject to
restriction under Subdivision (1) for a religious event or holiday:
(A) earlier than the 30th day before the date on
which the religious event or holiday begins; or
(B) later than the 14th day after the date on
which the religious event or holiday ends.
(b-2) If prior approval of a display is required, a property
owners' association or the association's architectural control
committee, as applicable, shall approve an owner's or resident's
request to display a religious item if the display of the item
complies with the association's dedicatory instruments consistent
with Subsections (b) and (b-1)(1). The association shall notify
owners and residents that approval of the display of a religious
item is required for a display that is not subject to restriction
under Subsection (b) or Subsections (b-1)(1)(A) through (G).
(b-3) Subsection (b-1) is not a basis to prohibit an owner
or resident from affixing on the entry door or door frame of the
owner's or resident's dwelling one or more religious items the
display of which is motivated by the owner's or resident's sincere
religious belief if the items:
(1) do not extend past the outer edge of the door frame
of the dwelling; and
(2) individually or in combination with each other do
not exceed 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 December 1, 2017.