Texas 2019 - 86th Regular

Texas House Bill HB2302 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R43 AJA-F
2	2	By: Bonnen of Galveston H.B. No. 2302
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to regulation by a property owners' association of certain
8	8	religious displays.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 202.018, Property Code, is amended by
11	11	amending Subsections (a) and (b) and adding Subsections (b-1),
12	12	(b-2), and (b-3) to read as follows:
13	13	(a) Except as otherwise provided by this section, a property
14	14	owners' association may not enforce or adopt a provision in a
15	15	dedicatory instrument, including a restrictive covenant, that
16	16	prohibits a property owner or resident from displaying or affixing
17	17	on the [entry to the] owner's or resident's property or dwelling one
18	18	or more religious items the display of which is motivated by the
19	19	owner's or resident's sincere religious belief.
20	20	(b) This section does not prohibit the enforcement or
21	21	adoption of a provision in a dedicatory instrument, including a
22	22	restrictive covenant, that, to the extent allowed by the
23	23	constitution of this state and the United States, prohibits the
24	24	display or affixing of a religious item on the [entry to the]
25	25	owner's or resident's property or dwelling that:
26	26	(1) threatens the public health or safety;
27	27	(2) violates a law other than a law prohibiting the
28	28	display of religious speech;
29	29	(3) contains language, graphics, or any display that
30	30	is patently offensive to a passerby for reasons other than its
31	31	religious content; or
32	32	(4) is installed on property:
33	33	(A) owned or maintained by the property owners'
34	34	association; or
35	35	(B) owned in common by members of the property
36	36	owners' association [in a location other than the entry door or door
37	37	frame or extends past the outer edge of the door frame of the
38	38	owner's or resident's dwelling; or
39	39	[(5) individually or in combination with each other
40	40	religious item displayed or affixed on the entry door or door frame
41	41	has a total size of greater than 25 square inches].
42	42	(b-1) Except as provided by Subsection (b-3), a property
43	43	owners' association may enforce a provision of a dedicatory
44	44	instrument, including a restrictive covenant, that prohibits:
45	45	(1) the display of a religious item for more than 30
46	46	days if the item:
47	47	(A) contains roofing material, siding, paving
48	48	materials, one or more balloons or lights, or any other similar
49	49	building component;
50	50	(B) is attached in any way to a traffic control
51	51	device, a light, a trailer, a vehicle, or any other existing
52	52	structure or object;
53	53	(C) includes the painting of architectural
54	54	surfaces;
55	55	(D) is a display that contains:
56	56	(i) more than two components; or
57	57	(ii) a component that is larger than three
58	58	feet by three feet by two feet;
59	59	(E) violates any applicable building line,
60	60	right-of-way, setback, or easement;
61	61	(F) is accompanied by music, sounds, lights,
62	62	reflective material, or streamers or is otherwise distracting to
63	63	motorists;
64	64	(G) is not maintained as provided by law or a
65	65	dedicatory instrument; or
66	66	(H) is installed without prior approval of the
67	67	property owners' association or the association's architectural
68	68	control committee, as applicable, if:
69	69	(i) the approval of the association or
70	70	committee is otherwise required by a dedicatory instrument; and
71	71	(ii) the association or committee provides
72	72	decisions on prior approval requests within a reasonable period or
73	73	within a period specified in a dedicatory instrument; or
74	74	(2) the display of a religious item that is subject to
75	75	restriction under Subdivision (1) for a religious event or holiday:
76	76	(A) earlier than the 30th day before the date on
77	77	which the religious event or holiday begins; or
78	78	(B) later than the 14th day after the date on
79	79	which the religious event or holiday ends.
80	80	(b-2) If prior approval of a display is required, a property
81	81	owners' association or the association's architectural control
82	82	committee, as applicable, shall approve an owner's or resident's
83	83	request to display a religious item if the display of the item
84	84	complies with the association's dedicatory instruments consistent
85	85	with Subsections (b) and (b-1)(1). The association shall notify
86	86	owners and residents that approval of the display of a religious
87	87	item is required for a display that is not subject to restriction
88	88	under Subsection (b) or Subsections (b-1)(1)(A) through (G).
89	89	(b-3) Subsection (b-1) is not a basis to prohibit an owner
90	90	or resident from affixing on the entry door or door frame of the
91	91	owner's or resident's dwelling one or more religious items the
92	92	display of which is motivated by the owner's or resident's sincere
93	93	religious belief if the items:
94	94	(1) do not extend past the outer edge of the door frame
95	95	of the dwelling; and
96	96	(2) individually or in combination with each other do
97	97	not exceed 25 square inches.
98	98	SECTION 2. Sections 202.018(c) and (d), Property Code, are
99	99	repealed.
100	100	SECTION 3. This Act takes effect immediately if it receives
101	101	a vote of two-thirds of all the members elected to each house, as
102	102	provided by Section 39, Article III, Texas Constitution. If this
103	103	Act does not receive the vote necessary for immediate effect, this
104	104	Act takes effect September 1, 2019.