87R2472 NC-F
By: Zaffirini S.B. No. 46
A BILL TO BE ENTITLED
AN ACT
relating to the municipal regulation of housing for homeless
individuals provided by a religious organization.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 229, Local Government Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. REGULATION OF HOUSING PROVIDED BY RELIGIOUS
ORGANIZATIONS
Sec. 229.071. DEFINITIONS. In this subchapter:
(1) "Homeless individual" includes any individual in
need of housing assistance.
(2) "Religious organization" has the meaning assigned
by Section 464.051, Health and Safety Code.
Sec. 229.072. CERTAIN ZONING OR LAND USE REGULATIONS
PROHIBITED. A municipal zoning or land use ordinance may not
prohibit a religious organization from:
(1) using the religious organization's facility as
housing for homeless individuals; or
(2) having housing units on the organization's
property for homeless individuals.
Sec. 229.073. OTHER REGULATIONS PERMITTED. (a) A
municipality may adopt or enforce an ordinance that imposes
reasonable health and safety regulations on housing for homeless
individuals provided on a religious organization's property.
(b) A municipality may require a religious organization
that provides housing for homeless individuals on the
organization's property to provide:
(1) electricity and heat for each housing unit; and
(2) at least one kitchen and bathroom on the property
that may be used by the individuals.
(c) For purposes of this section, "housing" does not include
temporary housing provided during a life-threatening emergency or
for natural disaster relief.
SECTION 2. This Act takes effect September 1, 2021.