By: Bettencourt, et al. S.B. No. 581
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. Sections 202.018(a) and (b), Property Code, are
amended 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;
(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;
(5) violates any applicable building line,
right-of-way, setback, or easement; or
(6) is attached to a traffic control device, street
lamp, fire hydrant, or utility sign, pole, or fixture [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].
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repealed.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 September 1, 2021.