79R11644 AJA-D
By: Gattis H.B. No. 1344
Substitute the following for H.B. No. 1344:
By: Solomons C.S.H.B. No. 1344
A BILL TO BE ENTITLED
AN ACT
relating to regulation by a property owners' association of certain
political signs.
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 POLITICAL SIGNS. (a) A
property owners' association may not enforce or adopt a restrictive
covenant, rule, or other prohibition that prohibits a property
owner from displaying, on or after the 90th day before the date of
an election to be held in a political subdivision in which the
property is located and on or before the 15th day after that date, a
sign supporting a political party, a ballot issue for that
election, or a candidate who has filed to run for office in that
election.
(b) Subsection (a) does not prohibit a property owners'
association from prohibiting the display of:
(1) a sign that:
(A) exceeds two feet in width or three feet in
length;
(B) is illuminated;
(C) has any moving elements; or
(D) creates a public nuisance or an impediment to
traffic safety; or
(2) more than one sign supporting a single candidate,
single ballot issue, or single party.
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.