Texas 2021 - 87th Regular

Texas Senate Bill SB581 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 581
	1	+	By: Bettencourt, et al. S.B. No. 581
	2	+	(Schofield)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to regulation by a property owners' association of certain
6	8		religious displays.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Sections 202.018(a) and (b), Property Code, are
9	11		amended to read as follows:
10	12		(a) Except as otherwise provided by this section, a property
11	13		owners' association may not enforce or adopt a provision in a
12	14		dedicatory instrument, including a restrictive covenant, that
13	15		prohibits a property owner or resident from displaying or affixing
14	16		on the [entry to the] owner's or resident's property or dwelling one
15	17		or more religious items the display of which is motivated by the
16	18		owner's or resident's sincere religious belief.
17	19		(b) This section does not prohibit the enforcement or
18	20		adoption of a provision in a dedicatory instrument, including a
19	21		restrictive covenant, that, to the extent allowed by the
20	22		constitution of this state and the United States, prohibits the
21	23		display or affixing of a religious item on the [entry to the]
22	24		owner's or resident's property or dwelling that:
23	25		(1) threatens the public health or safety;
24	26		(2) violates a law other than a law prohibiting the
25	27		display of religious speech;
26	28		(3) contains language, graphics, or any display that
27	29		is patently offensive to a passerby for reasons other than its
28	30		religious content;
29	31		(4) is installed on property:
30	32		(A) owned or maintained by the property owners'
31	33		association; or
32	34		(B) owned in common by members of the property
33	35		owners' association;
34	36		(5) violates any applicable building line,
35	37		right-of-way, setback, or easement; or
36	38		(6) is attached to a traffic control device, street
37	39		lamp, fire hydrant, or utility sign, pole, or fixture [in a location
38	40		other than the entry door or door frame or extends past the outer
39	41		edge of the door frame of the owner's or resident's dwelling; or
40	42		[(5) individually or in combination with each other
41	43		religious item displayed or affixed on the entry door or door frame
42	44		has a total size of greater than 25 square inches].
43	45		SECTION 2. Sections 202.018(c) and (d), Property Code, are
44	46		repealed.
45	47		SECTION 3. This Act takes effect immediately if it receives
46	48		a vote of two-thirds of all the members elected to each house, as
47	49		provided by Section 39, Article III, Texas Constitution. If this
48	50		Act does not receive the vote necessary for immediate effect, this
49	51		Act takes effect September 1, 2021.
50		-	______________________________ ______________________________
51		-	President of the Senate Speaker of the House
52		-	I hereby certify that S.B. No. 581 passed the Senate on
53		-	April 6, 2021, by the following vote: Yeas 31, Nays 0.
54		-	______________________________
55		-	Secretary of the Senate
56		-	I hereby certify that S.B. No. 581 passed the House on
57		-	May 18, 2021, by the following vote: Yeas 139, Nays 4, one
58		-	present not voting.
59		-	______________________________
60		-	Chief Clerk of the House
61		-	Approved:
62		-	______________________________
63		-	Date
64		-	______________________________
65		-	Governor