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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. |
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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) Except as otherwise provided by this section, a |
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property owners' association may not adopt or enforce a provision |
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in a dedicatory instrument that: |
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(1) prohibits, restricts, or has the effect of |
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prohibiting or restricting a property owner or resident from: |
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(A) peacefully assembling or meeting with |
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property owners' association members, residents, or their invitees |
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or guests at property owned or maintained by the property owners' |
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association or owned in common by the property owners' association |
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members; or |
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(B) inviting guest speakers, including public |
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officials and candidates for public office, without prior approval |
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by the property owners' association to address or meet with |
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property owners' association members, residents, or their invitees |
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or guests; or |
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(2) regulates, restricts, or has the effect of |
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regulating or restricting the content of a property owner's or |
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resident's speech. |
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(b) This section does not prohibit the enforcement or |
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adoption of a provision in a dedicatory instrument that, to the |
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extent allowed by the constitutions of this state and the United |
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States, prohibits speech or conduct that: |
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(1) threatens the public health or safety; |
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(2) violates a law; or |
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(3) contains language, graphics, or any display that |
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is patently offensive to a passerby. |
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SECTION 2. This Act takes effect September 1, 2023. |