C.S.H.B. 1279 78(R)    BILL ANALYSIS


C.S.H.B. 1279
By: Zedler
Business & Industry
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Some Home Owners Associations (HOAs) have banned flag poles and other flag
displays from the yards of homes under their jurisdiction.  Often there is
nothing in the covenant that would prohibit home owners from erecting a
flag pole.  In these cases, the board makes the decision and the home
owner has no recourse.   HB 1279 would allow a property owner to display a
flag on their property with certain restrictions and obligations. 



RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

Amends Chapter 202, Property Code, by adding a new Sec. 202.007 which
would allow a property owners' association to enforce a restrictive
covenant that prohibits or restricts the display of a flag by a property
owner only if the prohibition is clearly and specifically stated in the
covenant. However, a restrictive covenant, rule or other prohibition may
not be adopted to prevent the display of an American or Texas flag up to 3
feet by 5 feet with certain restrictions and obligations.  Allows the
adoption of a restrictive covenant or rule for a flag larger than 3 feet
by 5 feet. States which statutes define a respectful manner of display.
Effective date.  Non-retroactive clause, except for Sec. 202.007(a) of the
Property Code. 



EFFECTIVE DATE

September 1, 2003


COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill prohibited the adoption of a HOA covenant restricting
the display of an American or Texas flag on a flag pole that is 18 feet
tall or shorter.  The substitute clarifies that HOAs may adopt a
restrictive covenant or rule in certain cases, but may not restrict
display of a flag unless clearly and specifically stated in a covenant or
unless the size of the flag is larger than 3 feet by 5 feet. A property
owner may not be prohibited from displaying a U.S. or Texas flag 3 feet by
5 feet or smaller in a respectful manner or, if the property is one-third
acre or larger, on a flagpole 18 feet or shorter.  The substitute also
lists statutes which relate to displaying a flag respectfully.