Texas 2025 - 89th Regular

Texas Senate Bill SB2986 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Campbell, Middleton S.B. No. 2986
	1	+	By: Campbell S.B. No. 2986
	2	+	(In the Senate - Filed March 14, 2025; April 7, 2025, read
	3	+	first time and referred to Committee on Education K-16;
	4	+	April 24, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 10, Nays 0; April 24, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 2986 By: Hinojosa of Nueces
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6	13		A BILL TO BE ENTITLED
7	14		AN ACT
8	15		relating to use by a religious organization of public school or
9	16		institution of higher education facilities.
10	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	18		SECTION 1. Subchapter D, Chapter 11, Education Code, is
12	19		amended by adding Section 11.173 to read as follows:
13	20		Sec. 11.173. USE OF SCHOOL FACILITIES BY RELIGIOUS
14	21		ORGANIZATION. (a) A school district or open-enrollment charter
15	22		school may allow a religious organization to use the district's or
16	23		school's facilities to host religious worship, services, sermons,
17	24		or assemblies only if:
18	25		(1) the use of the facilities does not interfere with
19	26		the district's or school's primary educational mission;
20	27		(2) the religious organization provides the fair
21	28		market rental value or reimbursement for utilities, security, and
22	29		other costs related to the use of the facilities as determined by
23	30		the board of trustees of the district or the governing body of the
24	31		school, unless waived by the board or governing body;
25	32		(3) the religious organization agrees to be held
26	33		liable for any damages that occur in the organization's use of the
27		-	facilities;
28		-	(4) the religious organization is subject to the same
29		-	rental terms for the use of the facilities that a nonreligious
30		-	organization would be subjected to for that use; and
31		-	(5) any additional requirements imposed by other law
	34	+	facilities; and
	35	+	(4) any additional requirements imposed by other law
32	36		for the use of the facilities are satisfied.
33		-	(b) A religious organization's use of a school district's or
34		-	open-enrollment charter school's facilities interferes with the
35		-	district's or school's primary educational mission for purposes of
36		-	Subsection (a)(1) if:
37		-	(1) the organization engages in an activity described
38		-	by Subsection (a) during regular school hours;
39		-	(2) the organization displays signage, symbols,
40		-	books, or flyers on the district's or school's property during any
41		-	period other than the period in which the district or school allows
42		-	the organization to use the district's or school's facilities; or
43		-	(3) the district or school or an employee of the
44		-	district or school promotes the organization's use of the
45		-	facilities in any manner, including by distributing information or
46		-	making an announcement regarding the organization or use or
47		-	including an activity described by Subsection (a) on an academic
48		-	calendar.
49		-	(c) A state agency, political subdivision, school district,
	37	+	(b) A state agency, political subdivision, school district,
50	38		or other governmental entity may not impose a penalty or sanction on
51	39		or deny funding to a school district or open-enrollment charter
52	40		school based on the district's or school's decision to allow a
53	41		religious organization to use the district's or school's facilities
54	42		in the manner provided by Subsection (a).
55		-	(d) This section may not be construed to require a school
	43	+	(c) This section may not be construed to require a school
56	44		district or open-enrollment charter school to allow a religious
57	45		organization to use the district's or school's facilities for
58	46		religious purposes if the district or school elects not to do so.
59	47		SECTION 2. Subchapter Z, Chapter 51, Education Code, is
60	48		amended by adding Section 51.984 to read as follows:
61	49		Sec. 51.984. USE OF INSTITUTION FACILITIES BY RELIGIOUS
62	50		ORGANIZATION. (a) In this section, "institution of higher
63	51		education" has the meaning assigned by Section 61.003.
64	52		(b) An institution of higher education may allow a religious
65	53		organization to use the institution's facilities to host religious
66	54		worship, services, sermons, or assemblies only if:
67	55		(1) the use of the facilities does not interfere with
68	56		the institution's primary educational mission;
69	57		(2) the religious organization provides the fair
70	58		market rental value or reimbursement for utilities, security, and
71	59		other costs related to the use of the facilities as determined by
72	60		the institution or the institution's governing board, unless waived
73	61		by the institution or the institution's governing board;
74	62		(3) the religious organization agrees to be held
75	63		liable for any damages that occur in the organization's use of the
76		-	facilities;
77		-	(4) the religious organization is subject to the same
78		-	rental terms for the use of the facilities that a nonreligious
79		-	organization would be subjected to for that use; and
80		-	(5) any additional requirements imposed by other law
	64	+	facilities; and
	65	+	(4) any additional requirements imposed by other law
81	66		for the use of the facilities are satisfied.
82		-	(c) A religious organization's use of an institution of
83		-	higher education's facilities interferes with the institution's
84		-	primary educational mission for purposes of Subsection (b)(1) if:
85		-	(1) the organization engages in an activity described
86		-	by Subsection (b) during regular instructional hours, as determined
87		-	by the institution for purposes of this section;
88		-	(2) the organization displays signage, symbols,
89		-	books, or flyers on the institution's property during any period
90		-	other than the period in which the institution allows the
91		-	organization to use the institution's facilities; or
92		-	(3) the institution or an employee of the institution
93		-	promotes the organization's use of the facilities in any manner,
94		-	including by distributing information or making an announcement
95		-	regarding the organization or use or including an activity
96		-	described by Subsection (b) on an academic calendar.
97		-	(d) A state agency, political subdivision, or other
	67	+	(c) A state agency, political subdivision, or other
98	68		governmental entity may not impose a penalty or sanction on or deny
99	69		funding to an institution of higher education based on the
100	70		institution's decision to allow a religious organization to use the
101	71		institution's facilities in the manner provided by Subsection (b).
102		-	(e) This section may not be construed to require an
	72	+	(d) This section may not be construed to require an
103	73		institution of higher education to allow a religious organization
104	74		to use the institution's facilities for religious purposes if the
105	75		institution elects not to do so.
106	76		SECTION 3. The changes in law made by this Act do not affect
107	77		the terms of a contract entered into before the effective date of
108	78		this Act, except that if the contract is renewed, modified, or
109	79		extended on or after the effective date of this Act, the changes in
110	80		law made by this Act apply to the contract beginning on the date of
111	81		renewal, modification, or extension.
112	82		SECTION 4. This Act takes effect September 1, 2025.
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