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