Texas SB 1588: Relating to the powers and duties of certain property owners' associations.

Bill Text

S.B.ANo.A1588
AN ACT
relating to the powers and duties of certain property owners’
associations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASection 202.006, Property Code, is amended by
adding Subsection (c) to read as follows:
(c)AAA property owners’ association may not collect a regular
assessment, as defined by Section 209.002, if the dedicatory
instrument authorizing the collection of the regular assessment is
not filed as required by Subsection (a).
SECTIONA2.AASections 202.018(a) and (b), Property Code, are
amended to read as follows:
(a)AAExcept 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 [entry to 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)AAThis 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 [entry to the]
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owner’s or resident’s property or dwelling that:
(1)AAthreatens the public health or safety;
(2)AAviolates a law other than a law prohibiting the
display of religious speech;
(3)AAcontains language, graphics, or any display that
is patently offensive to a passerby for reasons other than its
religious content;
(4)AAis installed on property:
(A)AAowned or maintained by the property owners’
association; or
(B)AAowned in common by members of the property
owners’ association;
(5)AAviolates any applicable building line,
right-of-way, setback, or easement; or
(6)AAis attached to a traffic control device, street
lamp, fire hydrant, or utility sign, pole, or fixture [in a location
other than the entry door or door frame or extends past the outer
edge of the door frame of the owner’s or resident’s dwelling; or
[(5)AAindividually or in combination with each other
religious item displayed or affixed on the entry door or door frame
has a total size of greater than 25 square inches].
SECTIONA3.AAChapter 202, Property Code, is amended by adding
Section 202.022 to read as follows:
Sec.A202.022.AASWIMMING POOL ENCLOSURES. (a) In this
section, "swimming pool enclosure" means a fence that:
(1)AAsurrounds a water feature, including a swimming
pool or spa;
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S.B.ANo.A1588
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(2)AAconsists of transparent mesh or clear panels set
in metal frames;
(3)AAis not more than six feet in height; and
(4)AAis designed to not be climbable.
(b)AAA property owners’ association:
(1)AAmay not adopt or enforce a provision in a
dedicatory instrument that prohibits or restricts a property owner
from installing on the property owner’s property a swimming pool
enclosure that conforms to applicable state or local safety
requirements; and
(2)AAmay adopt and enforce a provision in a dedicatory
instrument establishing limitations related to the appearance of a
swimming pool enclosure, including limitations establishing
permissible colors for a swimming pool enclosure, provided that the
provision does not prohibit a swimming pool enclosure that is black
in color and consists of transparent mesh set in metal frames.
SECTIONA4.AAChapter 202, Property Code, is amended by adding
Section 202.023 to read as follows:
Sec.A202.023.AASECURITY MEASURES. (a) This section does not
apply to:
(1)AAa condominium as defined by Section 81.002 or
82.003; or
(2)AAa master mixed-use property owners’ association
subject to Chapter 215.
(b)AAExcept as provided by Subsection (c), a property owners’
association may not adopt or enforce a restrictive covenant that
prevents a property owner from building or installing security
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measures, including but not limited to a security camera, motion
detector, or perimeter fence.
(c)AAThis section does not prohibit a property owners’
association from:
(1)AAprohibiting the installation of a security camera
by a property owner in a place other than the property owner’s
private property; or
(2)AAregulating the type of fencing that a property
owner may install.
SECTIONA5.AASection 207.001, Property Code, is amended by
adding Subdivision (2-a) to read as follows:
(2-a)AA"Management company" has the meaning assigned by
Section 209.002.
SECTIONA6.AASection 207.003(c), Property Code, is amended to
read as follows:
(c)AAA property owners’ association may charge a reasonable
and necessary fee, not to exceed $375, to assemble, copy, and
deliver the information required by this section and may charge a
reasonable and necessary fee, not to exceed $