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A BILL TO BE ENTITLED
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AN ACT
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relating to provisions in the dedicatory instruments of property |
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owners' associations regarding display of flags. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 202.001, Property Code, is amended by |
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adding Subdivision (5) to read as follows: |
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(5) "Front yard" means a yard within a lot having a |
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front building setback line with a setback of not less than 20 feet |
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extending the full width of the lot between the front lot line and |
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the front building setback line. |
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SECTION 2. Section 202.011, Property Code, as added by |
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Chapter 1028 (H.B. 2779), Acts of the 82nd Legislature, Regular |
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Session, 2011, is amended by amending Subsection (b) and adding |
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Subsection (c) to read as follows: |
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(b) A property owners' association may adopt or enforce |
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reasonable dedicatory instrument provisions: |
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(1) that require: |
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(A) the flag of the United States be displayed in |
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accordance with 4 U.S.C. Sections 5-10; |
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(B) the flag of the State of Texas be displayed in |
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accordance with Chapter 3100, Government Code; |
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(C) a flagpole attached to a dwelling or a |
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freestanding flagpole be constructed of permanent, long-lasting |
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materials, with a finish appropriate to the materials used in the |
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construction of the flagpole and harmonious with the dwelling; |
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(D) the display of a flag, or the location and |
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construction of the supporting flagpole, to comply with applicable |
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zoning ordinances, easements, and setbacks of record; and |
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(E) a displayed flag and the flagpole on which it |
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is flown be maintained in good condition and that any deteriorated |
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flag or deteriorated or structurally unsafe flagpole be repaired, |
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replaced, or removed; |
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(2) that regulate the size, number, and location of |
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flagpoles on which flags are displayed, except that the regulation |
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may not prevent the installation or erection of at least one |
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flagpole per property that: |
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(A) is not more than 20 feet in height and, |
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subject to applicable zoning ordinances, easements, and setbacks of |
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record, is located in the front yard of the property; or |
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(B) is attached to any portion of a residential |
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structure owned by the property owner and not maintained by the |
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property owners' association; |
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(3) that govern the size of a displayed flag; |
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(4) that regulate the size, location, and intensity of |
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any lights used to illuminate a displayed flag; |
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(5) that impose reasonable restrictions to abate noise |
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caused by an external halyard of a flagpole; [or] |
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(6) that prohibit a property owner from locating a |
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displayed flag or flagpole on property that is: |
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(A) owned or maintained by the property owners' |
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association; or |
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(B) owned in common by the members of the |
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association; or |
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(7) that prohibit a flagpole that was installed |
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without prior approval by the property owners' association or by a |
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committee created in a dedicatory instrument for such purposes that |
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provides decisions within a reasonable period or within a period |
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specified in the dedicatory instrument. |
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(c) A property owner who has a front yard and who otherwise |
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complies with any permitted property owners' association |
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regulations may elect to install a flagpole in accordance with |
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either Subsection (b)(2)(A) or Subsection (b)(2)(B). |
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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, 2013. |
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