Texas Senate Bill SB227

Texas 2019 - 86th Regular

Caption

Relating to regulation by a property owners' association of certain religious displays.

Impact

The bill aims to strengthen the rights of homeowners regarding religious expression in residential communities governed by property owners' associations. By explicitly requiring associations to allow the display of religious items, it may reduce conflicts between residents and associations about what constitutes permissible expressions of faith. The adjustments to the Property Code are intended to promote a balance between the need for community order and the protection of individual religious freedoms, thereby potentially increasing the prevalence of religious displays in residential areas.

Summary

Senate Bill 227 proposes amendments to the Texas Property Code, specifically regarding the regulation of religious displays by property owners' associations. The bill seeks to ensure that residents can display religious items motivated by sincere religious beliefs without undue restriction from their association. Under the new provisions, associations cannot enforce rules that completely prohibit the display of such religious items unless they pose a legitimate threat to public health or safety, violate other laws, or are patently offensive for reasons other than their religious content. Moreover, it sets size limits for the religious items and contains guidelines for prior approval processes for these displays.

Contention

Notably, the bill may prompt concerns from property owners' associations regarding their ability to regulate community aesthetics and safety. Critics may argue that while the bill supports religious freedom, it might undermine the control associations have over common areas and community standards. The nuances of what constitutes a safety threat or an offensive display could lead to disputes, further complicating enforcement and regulations. As associations adapt to these changes, ongoing discussions may unfold surrounding the implications for both community governance and individual rights.