Do you want to fly a Texas or a U.S. flag outside your home but don't know how to do it properly? This page provides information about state, federal, and local laws related to flag display that may help.
Note Information in this guide is for reference purposes only and is not a substitute for legal advice. If you need legal help or have questions about a specific situation, please contact an attorney.
Texas laws related to the state flag may be found in the Texas Government Code Chapter 3100. It provides guidelines for the design, display, and retiring of the flag.
The resources below discuss Texas flag-handling guidelines "in plain English."
United States flag laws for civilians can be found in the U.S. Code Title 4, Chapter 1. Also known as the Flag Code, it provides guidelines for the proper design, display, and use of the American flag.
The resources below discuss U.S. flag-handling guidelines "in plain English."
Cities, towns, and villages in Texas often enact their own local laws or ordinances. It is a power granted to them by the state. These laws may regulate the local display of flags in your area.
Local regulations are usually grouped into a municipal "code of ordinances." Some cities publish their ordinances online, in which case you may find them through a local government website or in a third-party database. Our Municipal Laws & Ordinances page has links to several such databases. If you can't find the local laws online, contact the city clerk's office or a local public library for assistance.
A property owners' association (also known as a homeowners' association, HOA, or POA) may not prohibit the display of an American or Texas flag. However, you may have to comply with reasonable restrictions that regulate how and where the flag must be displayed.
Texas property owners' rights related to flag display may be found in the Texas Property Code Section 202.012.
Owners have a statutory right to display three types of flags:
A property owners' association may:
Residential property owners in the United States have a right to display a U.S. flag on the property.
This right has several limitations:
Residential restrictions by a property owners' association may be found in the association's governing documents. Most often, they'll be in a document called the "Declaration of Covenants, Conditions, and Restrictions," "Declaration" or "CC&R" for short, or a similar name.
You may ask your association for a copy of the declaration if you cannot find it. See our Property Owners' Associations guide page on Bylaws and Records for information on requesting and accessing POA records.
Resources below provide more information about law related to property owners' associations.