Legislation aims to keep HOAs from curbing religious displays
Restrictions could not be applied to yards
Homeowners associations in Texas would be barred from restricting property owners from putting up religious displays in their yards under a new bill filed in the Texas Legislature.
State Sen. Paul Bettencourt, RHouston, called the legislation a “slam dunk” and said some homeowners associations have gone too far in hassling property owners about their religious expression.
“The bottom line is simply that if a homeowner wants to display a Nativity scene, put a cross or menorah on their door, or exercise their religious freedom, whatever their religion might be, a homeowners association should not have the right to prevent that,” Bettencourt said.
Bettencourt pointed to a 2018 case in which a Houston homeowner was told by his association that a small cross with the words “He has risen” stuck in the ground next to shrubs in his yard violated the community’s deed restrictions and needed to be removed.
Bettencourt is getting plenty of support for the bill. Sens Brandon Creighton, R-Conroe, and Lois Kolkhorst, RBrenham, have also signed onto the proposal in the Senate, while State Rep. Mike Schofield, RKaty, has filed an identical bill in the Texas House.
“Preventing someone from having a religious symbol on their own lawn is an infringement on freedom that is positively un-Texan, and it must stop,” Schofield said.
Other states have passed similar legislation. In 2020, California enacted a law that bars HOAs from forcing homeowners to take down religious displays on their doors or entryways.
Texas law already bars homeowners associations from making people remove religious items on their door. But SB 581 would expand that to include people’s yards as well.
But critics say the legislation has a problem. When a similar bill was proposed in 2019, it stalled in the Legislature when some warned it could lead to unintended consequences. The Texas Community Association Advocates, which represents homeowners associations, warned the broad language could allow homeowners to put up satanic symbols, Wiccan displays or even swastikas, which were an ancient religious symbol before being co-opted by the Nazis.
“There is a lot of potential for abuse,” warned Trisha Farine, of the Texas Community Association Advocates.
The bill has not yet had its first hearing and would need to pass both chambers of the Texas Legislature by the end of the session on May 31 to have a chance of being signed into law by Gov. Greg Abbott.