| 1 | 1 | | 88R2895 DRS-D |
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| 2 | 2 | | By: Schofield H.B. No. 2450 |
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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 the authority of a property owners' association to |
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| 8 | 8 | | regulate the assembly, association, and speech of property owners |
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| 9 | 9 | | or residents. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 202, Property Code, is amended by adding |
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| 12 | 12 | | Section 202.013 to read as follows: |
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| 13 | 13 | | Sec. 202.013. REGULATION OF ASSEMBLY, ASSOCIATION, AND |
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| 14 | 14 | | SPEECH. (a) Except as otherwise provided by this section, a |
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| 15 | 15 | | property owners' association may not adopt or enforce a provision |
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| 16 | 16 | | in a dedicatory instrument that: |
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| 17 | 17 | | (1) prohibits, restricts, or has the effect of |
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| 18 | 18 | | prohibiting or restricting a property owner or resident from: |
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| 19 | 19 | | (A) peacefully assembling or meeting with |
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| 20 | 20 | | property owners' association members, residents, or their invitees |
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| 21 | 21 | | or guests at property owned or maintained by the property owners' |
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| 22 | 22 | | association or owned in common by the property owners' association |
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| 23 | 23 | | members; or |
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| 24 | 24 | | (B) inviting guest speakers, including public |
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| 25 | 25 | | officials and candidates for public office, without prior approval |
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| 26 | 26 | | by the property owners' association to address or meet with |
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| 27 | 27 | | property owners' association members, residents, or their invitees |
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| 28 | 28 | | or guests; or |
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| 29 | 29 | | (2) regulates, restricts, or has the effect of |
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| 30 | 30 | | regulating or restricting the content of a property owner's or |
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| 31 | 31 | | resident's speech. |
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| 32 | 32 | | (b) This section does not prohibit the enforcement or |
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| 33 | 33 | | adoption of a provision in a dedicatory instrument that, to the |
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| 34 | 34 | | extent allowed by the constitutions of this state and the United |
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| 35 | 35 | | States, prohibits speech or conduct that: |
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| 36 | 36 | | (1) threatens the public health or safety; |
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| 37 | 37 | | (2) violates a law; or |
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| 38 | 38 | | (3) contains language, graphics, or any display that |
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| 39 | 39 | | is patently offensive to a passerby. |
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| 40 | 40 | | SECTION 2. This Act takes effect September 1, 2023. |
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