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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.