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AN ACT
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relating to regulation by a property owners' association of certain |
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religious displays. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 202, Property Code, is amended by adding |
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Section 202.018 to read as follows: |
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Sec. 202.018. REGULATION OF DISPLAY OF CERTAIN RELIGIOUS |
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ITEMS. (a) Except as otherwise provided by this section, a |
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property owners' association may not enforce or adopt a restrictive |
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covenant that prohibits a property owner or resident from |
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displaying or affixing on the entry to the owner's or resident's |
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dwelling one or more religious items the display of which is |
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motivated by the owner's or resident's sincere religious belief. |
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(b) This section does not prohibit the enforcement or |
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adoption of a covenant that, to the extent allowed by the |
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constitution of this state and the United States, prohibits the |
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display or affixing of a religious item on the entry to the owner's |
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or resident's dwelling that: |
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(1) threatens the public health or safety; |
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(2) violates a law; |
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(3) contains language, graphics, or any display that |
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is patently offensive to a passerby; |
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(4) is in a location other than the entry door or door |
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frame or extends past the outer edge of the door frame of the |
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owner's or resident's dwelling; or |
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(5) individually or in combination with each other |
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religious item displayed or affixed on the entry door or door frame |
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has a total size of greater than 25 square inches. |
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(c) Except as otherwise provided by this section, this |
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section does not authorize an owner or resident to use a material or |
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color for an entry door or door frame of the owner's or resident's |
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dwelling or make an alteration to the entry door or door frame that |
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is not authorized by the restrictive covenants governing the |
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dwelling. |
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(d) A property owners' association may remove an item |
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displayed in violation of a restrictive covenant permitted by this |
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section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1278 was passed by the House on May 6, |
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2011, by the following vote: Yeas 129, Nays 4, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1278 on May 23, 2011, by the following vote: Yeas 144, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1278 was passed by the Senate, with |
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amendments, on May 21, 2011, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |