By: Bettencourt, et al. S.B. No. 581
 
  (Schofield)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to regulation by a property owners' association of certain
  religious displays.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 202.018(a) and (b), Property Code, are
  amended to read as follows:
         (a)  Except as otherwise provided by this section, a property
  owners' association may not enforce or adopt a provision in a
  dedicatory instrument, including a restrictive covenant, that
  prohibits a property owner or resident from displaying or affixing
  on the [entry to the] owner's or resident's property or dwelling one
  or more religious items the display of which is motivated by the
  owner's or resident's sincere religious belief.
         (b)  This section does not prohibit the enforcement or
  adoption of a provision in a dedicatory instrument, including a
  restrictive covenant, that, to the extent allowed by the
  constitution of this state and the United States, prohibits the
  display or affixing of a religious item on the [entry to the]
  owner's or resident's property or dwelling that:
               (1)  threatens the public health or safety;
               (2)  violates a law other than a law prohibiting the
  display of religious speech;
               (3)  contains language, graphics, or any display that
  is patently offensive to a passerby for reasons other than its
  religious content;
               (4)  is installed on property:
                     (A)  owned or maintained by the property owners'
  association; or
                     (B)  owned in common by members of the property
  owners' association;
               (5)  violates any applicable building line,
  right-of-way, setback, or easement; or
               (6)  is attached to a traffic control device, street
  lamp, fire hydrant, or utility sign, pole, or fixture [in a location
  other than the entry door or door frame or extends past the outer
  edge of the door frame of the owner's or resident's dwelling; or
               [(5)  individually or in combination with each other
  religious item displayed or affixed on the entry door or door frame
  has a total size of greater than 25 square inches].
         SECTION 2.  Sections 202.018(c) and (d), Property Code, are
  repealed.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.