| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of a property owners' association to |
|
|
regulate the assembly, association, and speech of property owners |
|
|
or residents related to governmental officials or candidates for |
|
|
political office. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 202, Property Code, is amended by adding |
|
|
Section 202.013 to read as follows: |
|
|
Sec. 202.013. REGULATION OF ASSEMBLY, ASSOCIATION, AND |
|
|
SPEECH. (a) This section does not apply to a common area of a |
|
|
property owners' association that is not made available for |
|
|
meetings: |
|
|
(1) due to designated seasonal use; or |
|
|
(2) other than a meeting of the property owners' |
|
|
association, the board of the property owners' association, or a |
|
|
committee of the association or the association's board. |
|
|
(b) Except as otherwise provided by this section, a property |
|
|
owners' association may not adopt or enforce a provision in a |
|
|
dedicatory instrument that prohibits or has the effect of |
|
|
prohibiting a property owner or resident from inviting governmental |
|
|
officials and candidates who have been qualified in the appropriate |
|
|
election to run for public governmental office to address or meet |
|
|
with property owners' association members, residents, or their |
|
|
invitees in common areas of the association. |
|
|
(c) A property owners' association may require gatherings |
|
|
described by Subsection (b) to abide by the same provisions of a |
|
|
dedicatory instrument that apply to any other gathering held in a |
|
|
common area of the association, including a provision: |
|
|
(1) requiring a room rental fee or deposit; |
|
|
(2) limiting the maximum occupancy of the common area |
|
|
where the meeting is to be held; |
|
|
(3) establishing hours during which a meeting may be |
|
|
held in the common area; |
|
|
(4) specifying the common areas of the association |
|
|
that are available to the association members for meetings; or |
|
|
(5) requiring a written reservation or rental |
|
|
agreement. |
|
|
(d) This section does not apply to a property owners' |
|
|
association that qualifies for tax exempt status under Section |
|
|
501(c)(3), Internal Revenue Code of 1986. |
|
|
SECTION 2. This Act takes effect September 1, 2025. |