| 1 | 1 | | 87R2472 NC-F |
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| 2 | 2 | | By: Zaffirini S.B. No. 46 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the municipal regulation of housing for homeless |
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| 8 | 8 | | individuals provided by a religious organization. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 229, Local Government Code, is amended |
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| 11 | 11 | | by adding Subchapter C to read as follows: |
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| 12 | 12 | | SUBCHAPTER C. REGULATION OF HOUSING PROVIDED BY RELIGIOUS |
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| 13 | 13 | | ORGANIZATIONS |
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| 14 | 14 | | Sec. 229.071. DEFINITIONS. In this subchapter: |
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| 15 | 15 | | (1) "Homeless individual" includes any individual in |
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| 16 | 16 | | need of housing assistance. |
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| 17 | 17 | | (2) "Religious organization" has the meaning assigned |
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| 18 | 18 | | by Section 464.051, Health and Safety Code. |
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| 19 | 19 | | Sec. 229.072. CERTAIN ZONING OR LAND USE REGULATIONS |
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| 20 | 20 | | PROHIBITED. A municipal zoning or land use ordinance may not |
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| 21 | 21 | | prohibit a religious organization from: |
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| 22 | 22 | | (1) using the religious organization's facility as |
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| 23 | 23 | | housing for homeless individuals; or |
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| 24 | 24 | | (2) having housing units on the organization's |
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| 25 | 25 | | property for homeless individuals. |
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| 26 | 26 | | Sec. 229.073. OTHER REGULATIONS PERMITTED. (a) A |
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| 27 | 27 | | municipality may adopt or enforce an ordinance that imposes |
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| 28 | 28 | | reasonable health and safety regulations on housing for homeless |
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| 29 | 29 | | individuals provided on a religious organization's property. |
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| 30 | 30 | | (b) A municipality may require a religious organization |
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| 31 | 31 | | that provides housing for homeless individuals on the |
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| 32 | 32 | | organization's property to provide: |
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| 33 | 33 | | (1) electricity and heat for each housing unit; and |
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| 34 | 34 | | (2) at least one kitchen and bathroom on the property |
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| 35 | 35 | | that may be used by the individuals. |
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| 36 | 36 | | (c) For purposes of this section, "housing" does not include |
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| 37 | 37 | | temporary housing provided during a life-threatening emergency or |
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| 38 | 38 | | for natural disaster relief. |
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| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2021. |
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