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A BILL TO BE ENTITLED
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AN ACT
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relating to a restrictive covenant, rule, or other prohibition |
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regulating a homeowner's display of the United States flag. |
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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 202.011 to read as follows: |
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Sec. 202.011. REGULATION OF DISPLAY OF FLAG. (a) A |
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property owners' association may not enforce a restrictive covenant |
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that prohibits or restricts the display of the United States flag by |
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a property owner on the owner's property unless the prohibition or |
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restriction is clearly and specifically stated in the covenant. |
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(b) A restrictive covenant, rule, or other prohibition may |
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not be adopted or enforced if the prohibition or restriction |
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prevents a property owner from displaying the United States flag: |
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(1) in a size not larger than four feet by six feet; |
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(2) in the area behind the family home on the owner's |
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property; |
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(3) on a flagpole not more than 25 feet tall; and |
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(4) in a respectful manner. |
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(c) This section does not prohibit the adoption or |
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enforcement of a restrictive covenant or rule allowing the display |
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of the United States flag larger than four feet by six feet. |
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(d) For purposes of this section, the United States flag is |
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displayed in a respectful manner if the flag is displayed in the |
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manner provided by 4 U.S.C. Sections 6-8, as amended. |
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SECTION 2. Section 202.011(a), Property Code, as added by |
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this Act, applies to a restrictive covenant, rule, or other |
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prohibition adopted before, on, or after the effective date of this |
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Act. |
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SECTION 3. 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. |