By: Campbell S.B. No. 2986
A BILL TO BE ENTITLED
AN ACT
relating to the protection from adverse action against public
schools and institutions of higher education for permitting
religious organizations use of facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 11, Education Code, is amended by adding
Section 11.173 to read as follows:
Sec. 11.173. USE OF SCHOOL FACILITIES BY RELIGIOUS
ORGANIZATIONS. (a) A school district or open-enrollment charter
school may permit a religious organization to use school facilities
for the purpose of hosting religious worship, services, sermons, or
assemblies, provided that:
(1) the use does not interfere with the school's
primary educational mission;
(2) the religious organization provides fair-market
rental or reimbursement for utilities, security, or other costs as
determined by the school district or governing board, unless waived
by the school district or governing board; and
(3) the religious organization shall be held liable
for any damages that may incur in the commission or use of the
school's facilities.
(b) No state agency, political subdivision, school
district, or other governmental entity, shall impose a penalty,
sanction, or denial of funding to a public school based on its
decision to allow religious organizations to use it facilities for
religious services.
(c) The provisions of this section shall not be construed to
require any school district or open-enrollment charter school to
allow religious services if it elects to not do so.
SECTION 2. Chapter 51, Education Code, is amended by adding
section 51.984 to read as follows:
Sec. 51.984. USE OF UNIVERSITY FACILITIES BY RELIGIOUS
ORGANIZATIONS. (a) A public institution of higher education in
this state may permit religious organizations to use campus
facilities for the purpose of hosting religious worship, services,
sermons, or assemblies, provided that:
(1) the use does not interfere with the institution's
primary educational mission;
(2) the religious organization provides fair-market
rental or reimbursement for utilities, security, or other costs as
determined by the institution or governing board, unless waived by
the institution; and
(3) the religious organization shall be held liable
for any damages that may incur in the commission or use of the
institution's facilities.
(b) No state agency, political subdivision, or other
governmental entity, shall impose a penalty, sanction, or denial of
funding to an institution based on its decision to allow religious
organizations to use it facilities for religious services.
(c) The provisions of this section shall not be construed to
require any institution to allow religious services if it elects to
not do so.
SECTION 3. It is the intent of the legislature that every
provision, section, subsection, sentence, clause, phrase, or word
in this Act, and every application of the provisions in this Act to
every person, group of persons, or circumstances, is severable from
each other. If any application of any provision in this Act to any
person, group of persons, or circumstances, is severable from
person, group of persons, or circumstances is found by a court to be
invalid for any reason, the remaining applications of that
provision to all other persons and circumstances shall be severed
and may not be affected.
SECTION 4. This Act takes effect September 1, 2025.