| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to provisions in the dedicatory instruments of property |
|
|
owners' associations regarding display of flags. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 202.012(a) and (b), Property Code, are |
|
|
amended to read as follows: |
|
|
(a) A property owners' association may not, except as |
|
|
provided in this section, adopt or enforce a dedicatory instrument |
|
|
provision that prohibits, restricts, or has the effect of |
|
|
prohibiting or restricting an owner from the display of: |
|
|
(1) the flag of the United States of America; |
|
|
(2) the flag of the State of Texas; [or] |
|
|
(3) an official or replica flag of any branch of the |
|
|
United States armed forces; |
|
|
(4) any variation of a Gold Star, Silver Star, or Blue |
|
|
Star service flag; |
|
|
(5) any variation of a POW/MIA flag; or |
|
|
(6) any historical flag of the State of Texas. |
|
|
(b) A property owners' association may adopt or enforce |
|
|
reasonable dedicatory instrument provisions: |
|
|
(1) that require: |
|
|
(A) the flag of the United States be displayed in |
|
|
accordance with 4 U.S.C. Sections 5-10; |
|
|
(B) the flag of the State of Texas be displayed in |
|
|
accordance with Chapter 3100, Government Code; |
|
|
(C) a flagpole attached to a dwelling or a |
|
|
freestanding flagpole be constructed of permanent, long-lasting |
|
|
materials, with a finish appropriate to the materials used in the |
|
|
construction of the flagpole and harmonious with the dwelling; |
|
|
(D) the display of a flag, or the location and |
|
|
construction of the supporting flagpole, to comply with applicable |
|
|
zoning ordinances, easements, and setbacks of record; and |
|
|
(E) a displayed flag and the flagpole on which it |
|
|
is flown be maintained in good condition and that any deteriorated |
|
|
flag or deteriorated or structurally unsafe flagpole be repaired, |
|
|
replaced, or removed; |
|
|
(2) that regulate the size, number, and location of |
|
|
flagpoles on which flags are displayed, except that the regulation |
|
|
may not prevent the installation or erection of at least one |
|
|
flagpole per property that: |
|
|
(A) is not more than 20 feet in height and, |
|
|
subject to applicable zoning ordinances, easements, and setbacks of |
|
|
record, is located in the front yard of the property; or |
|
|
(B) is attached to any portion of a residential |
|
|
structure owned by the property owner and not maintained by the |
|
|
property owners' association; |
|
|
(3) that govern the size of a displayed flag; |
|
|
(4) that regulate the size, location, and intensity of |
|
|
any lights used to illuminate a displayed flag; |
|
|
(5) that impose reasonable restrictions to abate noise |
|
|
caused by an external halyard of a flagpole; [or] |
|
|
(6) that prohibit a property owner from locating a |
|
|
displayed flag or flagpole on property that is: |
|
|
(A) owned or maintained by the property owners' |
|
|
association; or |
|
|
(B) owned in common by the members of the |
|
|
association; or |
|
|
(7) that prohibit the display of more than three |
|
|
flags. |
|
|
SECTION 2. This Act takes effect September 1, 2015. |