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79R15354 AJA-D


By:  Dukes                                                        H.B. No. 873

Substitute the following for H.B. No. 873:                                    

By:  Elkins                                                   C.S.H.B. No. 873



A BILL TO BE ENTITLED

AN ACT

relating to regulation by a property owners' association of certain 
displays on property in a residential subdivision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 202, Property Code, is amended by adding 
Section 202.009 to read as follows:
	Sec. 202.009.  REGULATION OF DISPLAY OF POLITICAL SIGNS.  
(a)  Except as otherwise provided by this section, a property 
owners' association may not enforce or adopt a restrictive covenant 
that prohibits a property owner from displaying on the owner's 
property one or more signs advertising a political candidate or 
ballot item for an election:
		(1)  on or after the 90th day before the date of the 
election to which the sign relates; or
		(2)  before the 10th day after that election date.                     
	(b)  This section does not prohibit the enforcement or 
adoption of a covenant that:
		(1)  requires a sign to be ground-mounted; or                          
		(2)  limits a property owner to displaying only one 
sign for each candidate or ballot item.
	(c)  This section does not prohibit the enforcement or 
adoption of a covenant that prohibits a sign that:
		(1)  contains roofing material, siding, paving 
materials, flora, one or more balloons or lights, or any other 
similar building, landscaping, or nonstandard decorative 
component;
		(2)  is attached in any way to plant material, a traffic 
control device, light, trailer, vehicle, or any other existing 
structure or object;
		(3)  includes the painting of architectural surfaces;                  
		(4)  threatens the public health or safety;                            
		(5)  is larger than four feet by six feet;                             
		(6)  violates a law;                                                   
		(7)  contains language, graphics, or any display that 
would be offensive to the ordinary person; or
		(8)  is accompanied by music or other sounds or by 
streamers or is otherwise distracting to motorists.
	(d)  A property owners' association may remove a sign 
displayed in violation of a restrictive covenant permitted by this 
section.
	SECTION 2.  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, 2005.