79R806 AJA-D

By:  Smith of Tarrant                                             H.B. No. 2802



A BILL TO BE ENTITLED

AN ACT

relating to a restrictive covenant, rule, or other prohibition 
regulating a homeowner's display of the United States flag.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 202, Property Code, is amended by adding 
Section 202.008 to read as follows:
	Sec. 202.008.  REGULATION OF DISPLAY OF FLAG.  (a)  A 
property owners' association may not enforce a restrictive covenant 
that prohibits or restricts the display of the United States flag by 
a property owner on the owner's property unless the prohibition or 
restriction is clearly and specifically stated in the covenant.
	(b)  A restrictive covenant, rule, or other prohibition may 
not be adopted if the prohibition or restriction prevents a 
property owner from displaying the United States flag in a size not 
larger than three feet by five feet in a 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 the United 
States flag larger than three feet by five feet.
	(d)  For purposes of this section, the United States flag is 
displayed in a respectful manner if the flag is displayed in the 
manner provided by 4 U.S.C. Sections 6-8, as amended.
	SECTION 2.  Section 202.008(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.
	SECTION 3.  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.