By:  Nelson                                                       S.B. No. 54 

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: (1) allowing the display of the United States flag larger than three feet by five feet; or (2) restricting the location of the display of the United States flag on an owner's property or the size of a flagpole that may be used for the display. (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. SECTION 2. Subsection (a), Section 202.008, 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.