| 1 | 1 | | 87R3914 BEE-F |
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| 2 | 2 | | By: Schofield H.B. No. 1569 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to regulation by a property owners' association of certain |
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| 8 | 8 | | religious displays. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 202.018(a) and (b), Property Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) Except as otherwise provided by this section, a property |
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| 13 | 13 | | owners' association may not enforce or adopt a provision in a |
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| 14 | 14 | | dedicatory instrument, including a restrictive covenant, that |
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| 15 | 15 | | prohibits a property owner or resident from displaying or affixing |
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| 16 | 16 | | on the [entry to the] owner's or resident's property [dwelling] one |
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| 17 | 17 | | or more religious items the display of which is motivated by the |
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| 18 | 18 | | owner's or resident's sincere religious belief. |
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| 19 | 19 | | (b) This section does not prohibit the enforcement or |
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| 20 | 20 | | adoption of a provision in a dedicatory instrument, including a |
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| 21 | 21 | | restrictive covenant, that, to the extent allowed by the |
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| 22 | 22 | | constitution of this state and the United States, prohibits the |
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| 23 | 23 | | display or affixing of a religious item on the [entry to the] |
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| 24 | 24 | | owner's or resident's property [dwelling] that: |
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| 25 | 25 | | (1) threatens the public health or safety; |
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| 26 | 26 | | (2) violates a law other than a law prohibiting the |
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| 27 | 27 | | display of religious speech; or |
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| 28 | 28 | | (3) contains language, graphics, or any display that |
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| 29 | 29 | | is patently offensive to a passerby for reasons other than its |
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| 30 | 30 | | religious content[; |
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| 31 | 31 | | [(4) is in a location other than the entry door or door |
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| 32 | 32 | | frame or extends past the outer edge of the door frame of the |
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| 33 | 33 | | owner's or resident's dwelling; or |
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| 34 | 34 | | [(5) individually or in combination with each other |
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| 35 | 35 | | religious item displayed or affixed on the entry door or door frame |
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| 36 | 36 | | has a total size of greater than 25 square inches]. |
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| 37 | 37 | | SECTION 2. Sections 202.018(c) and (d), Property Code, are |
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| 38 | 38 | | repealed. |
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| 39 | 39 | | SECTION 3. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2021. |
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