Relating to the authority of a property owners' association to regulate the assembly, association, and speech of property owners or residents related to governmental officials or candidates for political office.
ModeratePlan for compliance
Low Cost
Effective:2025-06-20
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).
Compliance Deadline:Immediate. You are currently in the compliance window. Any denial of a political request today based on subject matter is a statutory violation.
Agency Rulemaking: None. This is a self-executing statute enforced through civil litigation. Do not wait for agency guidance.
Immediate Action Plan
Issue a Directive: Immediately instruct all property managers to stop enforcing bans on political gatherings in common areas.
Verify Tax Status: Confirm with your CPA if the Association is a 501(c)(3). If you are a standard 501(c)(4) or non-profit corporation, this law applies to you.
Audit Fee Schedules: Ensure rental fees for political events match your standard social event rates exactly.
Review Insurance: Contact your broker to ensure your General Liability policy covers political assemblies and that no "riot/civil commotion" exclusions apply to clubhouse activities.
Operational Changes Required
Contracts
Dedicatory Instruments: Review CC&Rs and Rules & Regulations. Provisions strictly banning political assembly in common areas are now void and unenforceable. While formal amendment is not immediately required to comply, operational enforcement must stop.
Rental Agreements: You must utilize your standard "Facility Reservation Agreement" for political events. You are explicitly authorized by Section 202.013(c)(5) to require a written contract, but it cannot differ from the contract used for a birthday party or social club.
Hiring/Training
Intake Protocols: Front-desk staff and community managers must be retrained to accept reservations for "Meet the Candidate" events.
Verification: Establish a protocol for staff to verify that a speaker is a current official or a candidate who has formally filed for office. Staff should not attempt to vet the *content* of the speech, only the *status* of the speaker.
Reporting & Record-Keeping
Reservation Logs: Maintain detailed logs of all approved and denied common area requests. If a political event is denied due to capacity or prior booking, this must be documented clearly to refute potential discrimination claims.
Fee Schedules: Ensure a published, standard fee schedule exists. You cannot quote fees on an ad-hoc basis for political events.
Fees & Costs
Fee Standardization: You may charge your standard rental fee and security deposit. You cannot charge a premium for political events.
Security Costs: Review your budget. If your standard agreement does not explicitly pass through the cost of extra security to the renter, the Association may be liable for security costs associated with high-profile speakers.
Strategic Ambiguities & Considerations
"Appropriate Election": The statute requires the candidate to be qualified in "the appropriate election." It is legally ambiguous whether a POA can deny a venue to a candidate running for a district that does not geographically include the POA.
"Invitees" vs. Public Access: The law allows owners to host "invitees." It does not clarify if an owner can open a gated community clubhouse to the general public for a rally. POAs should rely on strict occupancy limits rather than "guest list" restrictions to manage this risk until case law develops.
Total Closure: The law applies to common areas "made available... for meetings." If a POA closes its facilities to *all* meetings to avoid political ones, it risks a legal challenge regarding whether the closure is a pretext for censorship.
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Property owners' associations (POA) attempt to maintain certain standards within the boundaries of the POA for uniformity across their community. These associations may regulate exterior paint color, lawn care standards, and various other relatively benign requirements to maintain a cohesive look for the entirety of the neighborhood. However, the bill author has informed the committee that Texans have reported POAs preventing certain political candidates or public officials who may have different political views than POA leadership from being hosted by a resident in common areas owned and operated by the POA. As these spaces are paid for by POA dues paid by residents, the residents should have some authority with respect to hosting individuals within the communal spaces of the POA they helped fund. H.B. 621 seeks to address this issue by prohibiting a POA from preventing residents from inviting government officials or qualified candidates to use common areas of the association.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 621 amends the Property Code to prohibit a property owners' association (POA) from adopting or enforcing a provision in a dedicatory instrument that prohibits or has the effect of prohibiting a property owner or resident from inviting governmental officials and candidates who have been qualified in the appropriate election to run for public governmental office to address or meet with POA members, residents, or their invitees in common areas of the POA.
H.B. 621 authorizes a POA to require such gatherings to abide by the same provisions of a dedicatory instrument that apply to any other gathering held in a common area of the POA, including a provision:
·requiring a room rental fee or deposit;
·limiting the maximum occupancy of the common area where the meeting is to be held;
·establishing hours during which a meeting may be held in the common area;
·specifying the common areas of the POA that are available to POA members for meetings; or
·requiring a written reservation or rental agreement.
H.B. 621 does not apply to a POA that qualifies for 501(c)(3) tax exempt status or to a common area of a POA that is not made available for meetings due to designated seasonal use or not made available for meetings other than a meeting of the POA, the board of the POA, or a committee of the POA or the POA board.
Honorable Angie Chen Button, Chair, House Committee on Trade, Workforce & Economic Development
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB621 by Patterson (Relating to the authority of a property owners' association to regulate the assembly, association, and speech of property owners or residents related to governmental officials or candidates for political office.), As Introduced
No fiscal implication to the State is anticipated.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies:
LBB Staff:
JMc, RStu, CMA
Related Legislation
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HB621 immediately strips Property Owners' Associations (POAs) of the authority to prohibit residents from hosting government officials or political candidates in common areas. Unless your association is a verified 501(c)(3) charity, you must immediately cease all enforcement of "no political activity" rules regarding facility use and treat political gatherings identically to standard social events. Implementation Timeline Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).
Q
Who authored HB621?
HB621 was authored by Texas Representative Jared Patterson during the Regular Session.
Q
When was HB621 signed into law?
HB621 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
How urgent is compliance with HB621?
The compliance urgency for HB621 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB621?
The cost impact of HB621 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB621 address?
HB621 addresses topics including elections, elections--candidates, property interests and property interests--property owners association.
Legislative data provided by LegiScanLast updated: November 25, 2025
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