campaign flags get the same season as yard signs

The text as introduced · 523 words

89R5802 SCR-D

By: Birdwell
S.B. No. 2783

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a property owners' association to

regulate the display of certain 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 ; or

(4) during a period in which display of a political

sign is allowed under Section 259.002, Election Code, a flag

promoting a candidate for office, elected official, or political

party .

(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 limit a property owner to displaying only one

flag for each candidate, official, or party;

(7) that prohibit the display of a flag containing

language, graphics, or any display that would be offensive to the

ordinary person; or

(8) 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.

SECTION 2. This Act takes effect September 1, 2025.