Bill Text: TX HB2302 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to regulation by a property owners' association of certain religious displays.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2019-05-09 - Placed on General State Calendar [HB2302 Detail]

Download: Texas-2019-HB2302-Introduced.html
  86R43 AJA-F
 
  By: Bonnen of Galveston H.B. No. 2302
 
 
 
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.  Section 202.018, Property Code, is amended by
  amending Subsections (a) and (b) and adding Subsections (b-1),
  (b-2), and (b-3) 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; or
               (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 [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].
         (b-1)  Except as provided by Subsection (b-3), a property
  owners' association may enforce a provision of a dedicatory
  instrument, including a restrictive covenant, that prohibits:
               (1)  the display of a religious item for more than 30
  days if the item:
                     (A)  contains roofing material, siding, paving
  materials, one or more balloons or lights, or any other similar
  building component;
                     (B)  is attached in any way to a traffic control
  device, a light, a trailer, a vehicle, or any other existing
  structure or object;
                     (C)  includes the painting of architectural
  surfaces;
                     (D)  is a display that contains:
                           (i)  more than two components; or
                           (ii)  a component that is larger than three
  feet by three feet by two feet;
                     (E)  violates any applicable building line,
  right-of-way, setback, or easement;
                     (F)  is accompanied by music, sounds, lights,
  reflective material, or streamers or is otherwise distracting to
  motorists;
                     (G)  is not maintained as provided by law or a
  dedicatory instrument; or
                     (H)  is installed without prior approval of the
  property owners' association or the association's architectural
  control committee, as applicable, if:
                           (i)  the approval of the association or
  committee is otherwise required by a dedicatory instrument; and
                           (ii)  the association or committee provides
  decisions on prior approval requests within a reasonable period or
  within a period specified in a dedicatory instrument; or
               (2)  the display of a religious item that is subject to
  restriction under Subdivision (1) for a religious event or holiday:
                     (A)  earlier than the 30th day before the date on
  which the religious event or holiday begins; or
                     (B)  later than the 14th day after the date on
  which the religious event or holiday ends.
         (b-2)  If prior approval of a display is required, a property
  owners' association or the association's architectural control
  committee, as applicable, shall approve an owner's or resident's
  request to display a religious item if the display of the item
  complies with the association's dedicatory instruments consistent
  with Subsections (b) and (b-1)(1). The association shall notify
  owners and residents that approval of the display of a religious
  item is required for a display that is not subject to restriction
  under Subsection (b) or Subsections (b-1)(1)(A) through (G).
         (b-3)  Subsection (b-1) is not a basis to prohibit an owner
  or resident from affixing on the entry door or door frame of the
  owner's or resident's dwelling one or more religious items the
  display of which is motivated by the owner's or resident's sincere
  religious belief if the items:
               (1)  do not extend past the outer edge of the door frame
  of the dwelling; and
               (2)  individually or in combination with each other do
  not exceed 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, 2019.
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