78R13114 AJA-D


By:  Zedler, Howard                                               H.B. No. 1279

Substitute the following for H.B. No. 1279:                                   

By:  Elkins                                                   C.S.H.B. No. 1279



A BILL TO BE ENTITLED

AN ACT

relating to a restrictive covenant, rule, or other prohibition 
regulating a homeowner's display of a flag.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 202, Property Code, is amended by adding 
Section 202.007 to read as follows:
	Sec. 202.007.  REGULATION OF DISPLAY OF FLAG.  (a)  Except as 
provided by Subsection (b), a property owners' association may 
enforce a restrictive covenant that prohibits or restricts the 
display of a flag by a property owner on a flagpole on the owner's 
property only if the prohibition or restriction is clearly and 
specifically stated in the covenant.
	(b)  A restrictive covenant, rule, or other prohibition may 
not be adopted that prevents a property owner from displaying the 
United States flag or the Texas flag in a size not larger than three 
feet by five feet:
		(1)  in a respectful manner on the owner's property on a 
flagpole that is 18 feet tall or shorter if the property is 
one-third of an acre or larger; or
		(2)  in any other respectful manner on the owner's 
property.         
	(c)  This section does not prohibit the adoption of a 
restrictive covenant or rule allowing the display of a flag larger 
than three feet by five feet.
	(d)  For purposes of this section, the United States flag or 
the Texas flag is displayed in a respectful manner if the flag is 
displayed in the manner provided by Section 3100.004, Government 
Code, and Subchapter B, Chapter 3100, Government Code, or 4 U.S.C. 
Sections 6-8, as amended.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  Except as provided by Subsection (c) of this section, 
Section 202.007, Property Code, as added by this Act, applies only 
to a restrictive covenant, rule, or  other prohibition adopted on or 
after the effective date of this Act.  A restrictive covenant, rule, 
or other prohibition adopted before the effective date of this Act 
is governed by the law in effect immediately before that date, and 
that law is continued in effect for that purpose.
	(c)  Section 202.007(a), Property Code, as added by this Act, 
applies to a restrictive covenant, rule, or other prohibition 
adopted before, on, or after the effective date of this Act.