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  H.B. No. 2779
 
 
 
 
AN ACT
  relating to provisions in the dedicatory instruments of property
  owners' associations regarding display of flags.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 202, Property Code, is amended by adding
  Section 202.011 to read as follows:
         Sec. 202.011.  FLAG DISPLAY. (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.
         (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 is not more than 20 feet in height;
               (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 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 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, 2011.
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2779 was passed by the House on April
  20, 2011, by the following vote:  Yeas 143, Nays 1, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2779 on May 26, 2011, by the following vote:  Yeas 146, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2779 was passed by the Senate, with
  amendments, on May 23, 2011, by the following vote:  Yeas 30, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor