Sec. 202.018. REGULATION OF DISPLAY OF CERTAIN RELIGIOUS ITEMS. (a) Except as otherwise provided by this section, a property owners' association may not enforce or adopt a provision in a dedicatory instrument, including a restrictive covenant, that prohibits a property owner or resident from displaying or affixing on the owner's or resident's property or dwelling one or more religious items the display of which is motivated by the owner's or resident's sincere religious belief.
(b) This section does not prohibit the enforcement or adoption of a provision in a dedicatory instrument, including a restrictive covenant, that, to the extent allowed by the constitution of this state and the United States, prohibits the display or affixing of a religious item on the owner's or resident's property or dwelling that:
(1) threatens the public health or safety;
(2) violates a law other than a law prohibiting the display of religious speech;
(3) contains language, graphics, or any display that is patently offensive to a passerby for reasons other than its religious content;
(4) is installed on property:
(A) owned or maintained by the property owners' association; or
(B) owned in common by members of the property owners' association;
(5) violates any applicable building line, right-of-way, setback, or easement; or
(6) is attached to a traffic control device, street lamp, fire hydrant, or utility sign, pole, or fixture.
(c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 196 (S.B. 581), Sec. 2, eff. May 31, 2021, and Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(1), eff. September 1, 2021..
(d) Repealed by Acts 2021, 87th Leg., R.S., Ch. 196 (S.B. 581), Sec. 2, eff. May 31, 2021, and Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(1), eff. September 1, 2021.
Added by Acts 2011, 82nd Leg., R.S., Ch. 263 (H.B. 1278), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 196 (S.B. 581), Sec. 1, eff. May 31, 2021.
Acts 2021, 87th Leg., R.S., Ch. 196 (S.B. 581), Sec. 2, eff. May 31, 2021.
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 2, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(1), eff. September 1, 2021.