By: Parker (Senate Sponsor - Hancock) H.B. No. 1558
(In the Senate - Received from the House May 6, 2015;
May 7, 2015, read first time and referred to Committee on State
Affairs; May 18, 2015, reported favorably by the following vote:
Yeas 8, Nays 0; May 18, 2015, sent to printer.)
Click here to see the committee vote
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, 2015.
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