Texas Senate bill would limit HOA’s ability to ban religious displays and ‘ensure Texans own their front yard again’

Texas Senate Bill 581, entitled “The Homeowners Religious Freedom Act,” takes aim at homeowners associations (HOA) by making it illegal for such organizations to prohibit homeowners from displaying religious symbols and imagery in their yards.

State Sen. Paul Bettencourt (R- Houston), who sponsored the legislation, took to Twitter to celebrate the bill’s passage by both Houses of the Texas Legislature.

“#SB581, Homeowners Religious Freedom Act heads to @GregAbbott_TX's desk,” he said in his Tweet. “Thirty-one to zero vote in Senate & 139-4 vote in House Sponsor @RepSchofield [state Rep. Mike Schofield (R-Houston)], to ensure Texans own their front yard again! SB581 grants religious freedom displays for homeowners.”

The legislation would strike provisions that had previously enabled HOAs to restrict religious displays to the front doors of homes, according to a Texas Senate press release. It also would also delete a provision that permitted HOAs to ban religious displays by not permitting any displays at all.

“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 you from doing that," Bettencourt was quoted as saying in the release.

Senate Bill 581 received bipartisan support in the state Legislature, according to coverage by the Houston Republic. Ultimately, the effort appeared to be seen as protecting the right to expression on one’s personal property. 

“No one has a right to tell you that you cannot worship at your own home,” Schofield was quoted as saying by the Houston Republic. “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.”

Displays that are considered offensive for any reason other than religious content could still be prohibited by an HOA under the legislation, according to the state Senate press release.