This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  H.B. No. 680
 
 
 
 
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.  Section 202.001, Property Code, is amended by
  adding Subdivision (5) to read as follows:
               (5)  "Front yard" means a yard within a lot having a
  front building setback line with a setback of not less than 15 feet
  extending the full width of the lot between the front lot line and
  the front building setback line.
         SECTION 2.  Section 202.011, Property Code, as added by
  Chapter 1028 (H.B. 2779), Acts of the 82nd Legislature, Regular
  Session, 2011, is amended by amending Subsection (b) and adding
  Subsection (c) to read as follows:
         (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 propertyor
                     (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 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.
         (c)  A property owner who has a front yard and who otherwise
  complies with any permitted property owners' association
  regulations may elect to install a flagpole in accordance with
  either Subsection (b)(2)(A) or Subsection (b)(2)(B).
         SECTION 3.  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, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 680 was passed by the House on April
  3, 2013, by the following vote:  Yeas 145, Nays 2, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 680 on May 24, 2013, 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. 680 on May 26, 2013, by the following vote:  Yeas 146,
  Nays 1, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 680 was passed by the Senate, with
  amendments, on May 22, 2013, 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.
  680 on May 26, 2013, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor