| 1 | 1 | | 83R23419 NC-D |
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| 2 | 2 | | By: Parker, et al. H.B. No. 2319 |
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| 3 | 3 | | Substitute the following for H.B. No. 2319: |
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| 4 | 4 | | By: Farrar C.S.H.B. No. 2319 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the authority of a municipality to regulate churches |
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| 10 | 10 | | that provide overnight shelter for children. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 215, Local Government |
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| 13 | 13 | | Code, is amended by adding Section 215.006 to read as follows: |
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| 14 | 14 | | Sec. 215.006. CHURCH PROVIDING OVERNIGHT SHELTER. (a) In |
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| 15 | 15 | | this section: |
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| 16 | 16 | | (1) "Church" means a facility that is owned by a |
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| 17 | 17 | | religious organization and that is used primarily for religious |
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| 18 | 18 | | services. |
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| 19 | 19 | | (2) "Religious organization" means an organization |
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| 20 | 20 | | that meets the standards for qualification as a religious |
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| 21 | 21 | | organization under Section 11.20, Tax Code. |
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| 22 | 22 | | (b) A municipality may not adopt an ordinance, or enforce |
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| 23 | 23 | | an existing ordinance, that prohibits a church from providing |
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| 24 | 24 | | overnight shelter for children 17 years of age and younger. |
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| 25 | 25 | | (c) A municipal ordinance or regulation that relates to the |
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| 26 | 26 | | safe and sanitary operation of a homeless shelter for children |
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| 27 | 27 | | applies to a church that provides overnight shelter for children. |
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| 28 | 28 | | (d) A municipality may adopt or enforce an ordinance |
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| 29 | 29 | | establishing limits on the number of nights a child may use an |
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| 30 | 30 | | overnight shelter provided by a church or on the number of children |
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| 31 | 31 | | that can be housed in the shelter per night. |
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| 32 | 32 | | SECTION 2. This Act takes effect September 1, 2013. |
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