SB 1609

85(R) - 2017
Senate Business & Commerce
Senate Business & Commerce
Property Owners Association  
Property Rights
Religious Freedom

Vote Recommendation

  • Neutral
  • Positive
  • Neutral
  • Neutral
  • Positive


Paul Bettencourt
Lois Kolkhorst


Donna Campbell
Sylvia Garcia
Don Huffines
Eddie Lucio Jr.
Van Taylor

Bill Caption

Relating to regulation by a property owners’ association of certain religious displays.  

Fiscal Notes

No fiscal implication to the State is anticipated.

Bill Analysis

Under current Texas law, a property owner’s association may not restrict religious speech, unless such speech (signage, etc.) extends beyond the door frame or is larger than 25 square inches.

SB 1609 would expand free speech rights by protecting religious speech anywhere on the property without size restrictions. In addition, this legislation would protect such speech from any laws that seek to inhibit religious speech and clarifies that religious speech can only be prohibited by a property owner’s association when it is offensive for reasons other than its religious content.

SB 1609 would also outline several circumstances under which a property owners' association may regulate religious speech if the speech uses certain materials, includes the use of lights or music, or meets certain criteria to require prior approval of the association.

Vote Recommendation Notes

This bill supports individual liberty and property rights by offering greater protection of religious speech on private property that is part of a property owners' association (also known as an HOA) while still respecting the contractual provisions contained within the voluntary agreement in most HOAs. We support SB 1609.

Organizations Supporting

Texas Values Action