Texas SB 581 (Property Code 202.018): HOA Limits on Religious Items Display

Quick Answer

Texas Senate Bill 581 (2021) amended Property Code § 202.018 so an association may not enforce or adopt a provision that prohibits an owner or resident from displaying religious items "on the owner's or resident's property or dwelling," not just at the entry. It deleted the old limits tied to the entry door and a 25-square-inch size cap, and kept a list of exceptions such as items on common property or violating setbacks. The statute's history note gives an effective date of May 31, 2021.

At a Glance

What the Law Says

The rule, § 202.018(a)

Before the bill, the section protected religious items displayed on "the entry to the owner's or resident's property or dwelling." Senate Bill 581 struck the words "the entry to" so the rule now reads: "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."

Exceptions, § 202.018(b)

The section does not prohibit enforcing or adopting a provision that, "to the extent allowed by the constitution of this state and the United States," prohibits display of a religious item that:

• threatens the public health or safety;
• violates a law other than a law prohibiting the display of religious speech;
• contains language, graphics, or any display that is patently offensive to a passerby for reasons other than its religious content;
• is installed on property owned or maintained by the association, or owned in common by its members;
• violates any applicable building line, right-of-way, setback, or easement; or
• is attached to a traffic control device, street lamp, fire hydrant, or utility sign, pole, or fixture.

What was removed

The bill deleted an earlier exception for items in a location other than the entry door or door frame, or extending past the outer edge of the door frame, and an exception for items on the entry door or frame with a total size greater than 25 square inches. Section 2 of the bill repealed § 202.018(c) and (d). The text of those repealed subsections is not in the enrolled bill, so we do not describe them.

What This Means in Practice

For boards

• A rule that limits religious displays to the front door, or caps their size, no longer matches the statute's text. Our reading: stop enforcing those limits and ask counsel to update the rules.
• The protection turns on "sincere religious belief." The text does not say how an association should evaluate sincerity. Whether and how to ask questions is an open question for counsel.
• The (b) exceptions remain. Setback, easement and common-area rules can still be enforced against religious items, and so can the public safety and "patently offensive" tests (with the constitutional qualifier).
• Do not read the bill as limiting the association's general decorating or sign rules for items that are not religious. It speaks to "religious items."

For owners and residents

• The section covers "owner or resident," so a tenant may be covered as well as an owner (our reading of the words "or resident").
• The protection covers displaying or affixing items on your "property or dwelling," not only at the front door.
• Items on common areas, in easements, past setback lines, or attached to street lamps and utility poles are within the (b) exceptions.

What the law does not say

• It does not define "religious item." Confirm borderline items with counsel.
• It does not set a fine, deadline or procedure for challenging a rule.
• It does not state how to prove sincerity of belief.
• It does not say whether condominium associations are covered. The section refers to "a property owners' association."
• The same section was also amended in S.B. 1588 (2021). The statute's history note lists both Acts, effective May 31, 2021 and September 1, 2021, and the current text of § 202.018 matches the S.B. 581 amendments.

Timeline

Related Texas Law

• S.B. 1588 (2021) omnibus reform
• Chapter 202: what HOAs cannot restrict
• § 202.012: flag display
• H.B. 3571: security measures
• Texas HOA laws complete guide

Board Checklist

• Search your rules for limits on religious items tied to the entry door, door frame or a size cap.
• Remove or stop enforcing those limits, after counsel review.
• Keep only restrictions that fit the six (b) exceptions.
• Train staff and the architectural committee to ask counsel before denying a religious display.
• Note that the protection covers "resident" as well as owner.
• Check that any violation letter identifies which (b) exception applies.

Frequently Asked Questions

Can a Texas HOA limit religious items to the front door?

Not under the current § 202.018. S.B. 581 removed the "entry to" wording and the entry-door size and location exceptions, so the protection reaches the owner's or resident's property or dwelling.

Is there still a size limit?

The 25-square-inch limit was deleted by S.B. 581. The current text states no size limit, though the (b) exceptions remain.

When did S.B. 581 take effect?

The statute's history note says May 31, 2021. The enrolled bill says immediately on a two-thirds vote, otherwise September 1, 2021.

Can an HOA still ban an item in a common area?

Yes. Section 202.018(b)(4) lets an association enforce a provision against an item installed on association-owned property or property owned in common by members.

Does it protect tenants?

The text protects "a property owner or resident." Our reading is that a resident who is a tenant is within the words, subject to the lease and the exceptions. Confirm with counsel.

What counts as a religious item?

The statute does not define the term, and it ties protection to display "motivated by the owner's or resident's sincere religious belief." Ask counsel about unusual items.

Where This Comes From

We read the enrolled text of S.B. 581 (87th Legislature, Regular Session) at capitol.texas.gov, including the vote record and effective-date clause, and the current text and history note of § 202.018 on the Justia 2025 Texas Statutes page. The enrolled copy shows a blank governor approval line, so we did not verify a signing date. The May 31, 2021 effective date comes from the history note.

How APM Helps

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Texas attorney before acting.