Texas 2025 - 89th Regular

Texas Senate Bill SB2783 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5802 SCR-D
2	2	By: Birdwell S.B. No. 2783
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of a property owners' association to
10	10	regulate the display of certain flags.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 202.012(a) and (b), Property Code, are
13	13	amended to read as follows:
14	14	(a) A property owners' association may not, except as
15	15	provided in this section, adopt or enforce a dedicatory instrument
16	16	provision that prohibits, restricts, or has the effect of
17	17	prohibiting or restricting an owner from the display of:
18	18	(1) the flag of the United States of America;
19	19	(2) the flag of the State of Texas; [or]
20	20	(3) an official or replica flag of any branch of the
21	21	United States armed forces; or
22	22	(4) during a period in which display of a political
23	23	sign is allowed under Section 259.002, Election Code, a flag
24	24	promoting a candidate for office, elected official, or political
25	25	party.
26	26	(b) A property owners' association may adopt or enforce
27	27	reasonable dedicatory instrument provisions:
28	28	(1) that require:
29	29	(A) the flag of the United States be displayed in
30	30	accordance with 4 U.S.C. Sections 5-10;
31	31	(B) the flag of the State of Texas be displayed in
32	32	accordance with Chapter 3100, Government Code;
33	33	(C) a flagpole attached to a dwelling or a
34	34	freestanding flagpole be constructed of permanent, long-lasting
35	35	materials, with a finish appropriate to the materials used in the
36	36	construction of the flagpole and harmonious with the dwelling;
37	37	(D) the display of a flag, or the location and
38	38	construction of the supporting flagpole, to comply with applicable
39	39	zoning ordinances, easements, and setbacks of record; and
40	40	(E) a displayed flag and the flagpole on which it
41	41	is flown be maintained in good condition and that any deteriorated
42	42	flag or deteriorated or structurally unsafe flagpole be repaired,
43	43	replaced, or removed;
44	44	(2) that regulate the size, number, and location of
45	45	flagpoles on which flags are displayed, except that the regulation
46	46	may not prevent the installation or erection of at least one
47	47	flagpole per property that:
48	48	(A) is not more than 20 feet in height and,
49	49	subject to applicable zoning ordinances, easements, and setbacks of
50	50	record, is located in the front yard of the property; or
51	51	(B) is attached to any portion of a residential
52	52	structure owned by the property owner and not maintained by the
53	53	property owners' association;
54	54	(3) that govern the size of a displayed flag;
55	55	(4) that regulate the size, location, and intensity of
56	56	any lights used to illuminate a displayed flag;
57	57	(5) that impose reasonable restrictions to abate noise
58	58	caused by an external halyard of a flagpole; [or]
59	59	(6) that limit a property owner to displaying only one
60	60	flag for each candidate, official, or party;
61	61	(7) that prohibit the display of a flag containing
62	62	language, graphics, or any display that would be offensive to the
63	63	ordinary person; or
64	64	(8) that prohibit a property owner from locating a
65	65	displayed flag or flagpole on property that is:
66	66	(A) owned or maintained by the property owners'
67	67	association; or
68	68	(B) owned in common by the members of the
69	69	association.
70	70	SECTION 2. This Act takes effect September 1, 2025.