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A BILL TO BE ENTITLED
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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. Sections 202.018(a) and (b), Property Code, are |
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amended to read as follows: |
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(a) Except as otherwise provided by this section, a property |
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owners' association may not enforce or adopt a restrictive covenant |
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that prohibits a property owner or resident from displaying or |
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affixing on the [entry to the] owner's or resident's property |
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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] |
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owner's or resident's property [dwelling] that: |
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(1) threatens the public health or safety; |
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(2) violates a law other than a law prohibiting the |
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display of religious speech; or |
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(3) contains language, graphics, or any display that |
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is patently offensive to a passerby for reasons other than its |
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religious content [;
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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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SECTION 2. Sections 202.018(c) and (d), Property Code, are |
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repealed. |
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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, 2017. |