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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a property owners' association to |
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regulate the assembly, association, and speech of property owners |
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or residents related to governmental officials or candidates for |
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political office. |
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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 202.013 to read as follows: |
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Sec. 202.013. REGULATION OF ASSEMBLY, ASSOCIATION, AND |
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SPEECH. (a) This section does not apply to a common area of a |
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property owners' association that is not made available for |
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meetings: |
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(1) due to designated seasonal use; or |
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(2) other than a meeting of the property owners' |
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association, the board of the property owners' association, or a |
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committee of the association or the association's board. |
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(b) Except as otherwise provided by this section, a property |
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owners' association may not adopt or enforce a provision in a |
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dedicatory instrument that prohibits or has the effect of |
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prohibiting a property owner or resident from inviting governmental |
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officials and candidates who have been qualified in the appropriate |
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election to run for public governmental office to address or meet |
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with property owners' association members, residents, or their |
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invitees in common areas of the association. |
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(c) A property owners' association may require gatherings |
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described by Subsection (b) to abide by the same provisions of a |
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dedicatory instrument that apply to any other gathering held in a |
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common area of the association, including a provision: |
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(1) requiring a room rental fee or deposit; |
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(2) limiting the maximum occupancy of the common area |
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where the meeting is to be held; |
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(3) establishing hours during which a meeting may be |
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held in the common area; |
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(4) specifying the common areas of the association |
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that are available to the association members for meetings; or |
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(5) requiring a written reservation or rental |
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agreement. |
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(d) This section does not apply to a property owners' |
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association that qualifies for tax exempt status under Section |
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501(c)(3), Internal Revenue Code of 1986. |
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SECTION 2. This Act takes effect September 1, 2023. |