| 1 | 1 | | By: Jetton H.B. No. 3775 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the authority of a property owners' association to |
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| 7 | 7 | | regulate the assembly, association, and speech of property owners |
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| 8 | 8 | | or residents related to governmental officials or candidates for |
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| 9 | 9 | | political office. |
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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) This section does not apply to a common area of a |
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| 15 | 15 | | property owners' association that is not made available for |
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| 16 | 16 | | meetings: |
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| 17 | 17 | | (1) due to designated seasonal use; or |
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| 18 | 18 | | (2) other than a meeting of the property owners' |
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| 19 | 19 | | association, the board of the property owners' association, or a |
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| 20 | 20 | | committee of the association or the association's board. |
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| 21 | 21 | | (b) Except as otherwise provided by this section, a property |
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| 22 | 22 | | owners' association may not adopt or enforce a provision in a |
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| 23 | 23 | | dedicatory instrument that prohibits or has the effect of |
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| 24 | 24 | | prohibiting a property owner or resident from inviting governmental |
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| 25 | 25 | | officials and candidates who have been qualified in the appropriate |
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| 26 | 26 | | election to run for public governmental office to address or meet |
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| 27 | 27 | | with property owners' association members, residents, or their |
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| 28 | 28 | | invitees in common areas of the association. |
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| 29 | 29 | | (c) A property owners' association may require gatherings |
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| 30 | 30 | | described by Subsection (b) to abide by the same provisions of a |
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| 31 | 31 | | dedicatory instrument that apply to any other gathering held in a |
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| 32 | 32 | | common area of the association, including a provision: |
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| 33 | 33 | | (1) requiring a room rental fee or deposit; |
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| 34 | 34 | | (2) limiting the maximum occupancy of the common area |
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| 35 | 35 | | where the meeting is to be held; |
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| 36 | 36 | | (3) establishing hours during which a meeting may be |
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| 37 | 37 | | held in the common area; |
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| 38 | 38 | | (4) specifying the common areas of the association |
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| 39 | 39 | | that are available to the association members for meetings; or |
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| 40 | 40 | | (5) requiring a written reservation or rental |
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| 41 | 41 | | agreement. |
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| 42 | 42 | | (d) This section does not apply to a property owners' |
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| 43 | 43 | | association that qualifies for tax exempt status under Section |
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| 44 | 44 | | 501(c)(3), Internal Revenue Code of 1986. |
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| 45 | 45 | | SECTION 2. This Act takes effect September 1, 2023. |
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