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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation by a property owners' association of certain |
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religious displays. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 202.018(a) and (b), Property Code, are |
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amended to read as follows: |
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(a) Except as otherwise provided by this section, a property |
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owners' association may not enforce or adopt a provision in a |
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dedicatory instrument, including a restrictive covenant, that |
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prohibits a property owner or resident from displaying or affixing |
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on the [entry to the] owner's or resident's property or dwelling one |
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or more religious items the display of which is motivated by the |
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owner's or resident's sincere religious belief. |
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(b) This section does not prohibit the enforcement or |
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adoption of a provision in a dedicatory instrument, including a |
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restrictive covenant, that, to the extent allowed by the |
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constitution of this state and the United States, prohibits the |
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display or affixing of a religious item on the [entry to the] |
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owner's or resident's property or dwelling that: |
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(1) threatens the public health or safety; |
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(2) violates a law other than a law prohibiting the |
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display of religious speech; |
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(3) contains language, graphics, or any display that |
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is patently offensive to a passerby for reasons other than its |
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religious content; |
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(4) is installed on property: |
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(A) owned or maintained by the property owners' |
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association; or |
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(B) owned in common by members of the property |
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owners' association; |
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(5) violates any applicable building line, |
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right-of-way, setback, or easement; or |
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(6) is attached to a traffic control device, street |
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lamp, fire hydrant, or utility sign, pole, or fixture [in a location |
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other than the entry door or door frame or extends past the outer |
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edge of the door frame of the owner's or resident's dwelling; or |
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[(5) individually or in combination with each other |
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religious item displayed or affixed on the entry door or door frame |
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has a total size of greater than 25 square inches]. |
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SECTION 2. Sections 202.018(c) and (d), Property Code, are |
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repealed. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |