This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
H.B. No. 873
AN ACT
relating to regulation by a property owners' association of certain
displays on property in a residential subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 202, Property Code, is amended by adding
Section 202.009 to read as follows:
Sec. 202.009. REGULATION OF DISPLAY OF POLITICAL SIGNS.
(a) Except as otherwise provided by this section, a property
owners' association may not enforce or adopt a restrictive covenant
that prohibits a property owner from displaying on the owner's
property one or more signs advertising a political candidate or
ballot item for an election:
(1) on or after the 90th day before the date of the
election to which the sign relates; or
(2) before the 10th day after that election date.
(b) This section does not prohibit the enforcement or
adoption of a covenant that:
(1) requires a sign to be ground-mounted; or
(2) limits a property owner to displaying only one
sign for each candidate or ballot item.
(c) This section does not prohibit the enforcement or
adoption of a covenant that prohibits a sign that:
(1) contains roofing material, siding, paving
materials, flora, one or more balloons or lights, or any other
similar building, landscaping, or nonstandard decorative
component;
(2) is attached in any way to plant material, a traffic
control device, a light, a trailer, a vehicle, or any other existing
structure or object;
(3) includes the painting of architectural surfaces;
(4) threatens the public health or safety;
(5) is larger than four feet by six feet;
(6) violates a law;
(7) contains language, graphics, or any display that
would be offensive to the ordinary person; or
(8) is accompanied by music or other sounds or by
streamers or is otherwise distracting to motorists.
(d) A property owners' association may remove a sign
displayed in violation of a restrictive covenant permitted by this
section.
SECTION 2. 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 873 was passed by the House on May 13,
2005, by the following vote: Yeas 142, Nays 0, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 873 on May 26, 2005, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 873 on May 29, 2005, by the following vote: Yeas 138,
Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 873 was passed by the Senate, with
amendments, on May 23, 2005, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
873 on May 29, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor