By: Campbell, Middleton S.B. No. 2986
A BILL TO BE ENTITLED
AN ACT
relating to use by a religious organization of public school or
institution of higher education facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 11, Education Code, is
amended by adding Section 11.173 to read as follows:
Sec. 11.173. USE OF SCHOOL FACILITIES BY RELIGIOUS
ORGANIZATION. (a) A school district or open-enrollment charter
school may allow a religious organization to use the district's or
school's facilities to host religious worship, services, sermons,
or assemblies only if:
(1) the use of the facilities does not interfere with
the district's or school's primary educational mission;
(2) the religious organization provides the fair
market rental value or reimbursement for utilities, security, and
other costs related to the use of the facilities as determined by
the board of trustees of the district or the governing body of the
school, unless waived by the board or governing body;
(3) the religious organization agrees to be held
liable for any damages that occur in the organization's use of the
facilities;
(4) the religious organization is subject to the same
rental terms for the use of the facilities that a nonreligious
organization would be subjected to for that use; and
(5) any additional requirements imposed by other law
for the use of the facilities are satisfied.
(b) A religious organization's use of a school district's or
open-enrollment charter school's facilities interferes with the
district's or school's primary educational mission for purposes of
Subsection (a)(1) if:
(1) the organization engages in an activity described
by Subsection (a) during regular school hours;
(2) the organization displays signage, symbols,
books, or flyers on the district's or school's property during any
period other than the period in which the district or school allows
the organization to use the district's or school's facilities; or
(3) the district or school or an employee of the
district or school promotes the organization's use of the
facilities in any manner, including by distributing information or
making an announcement regarding the organization or use or
including an activity described by Subsection (a) on an academic
calendar.
(c) A state agency, political subdivision, school district,
or other governmental entity may not impose a penalty or sanction on
or deny funding to a school district or open-enrollment charter
school based on the district's or school's decision to allow a
religious organization to use the district's or school's facilities
in the manner provided by Subsection (a).
(d) This section may not be construed to require a school
district or open-enrollment charter school to allow a religious
organization to use the district's or school's facilities for
religious purposes if the district or school elects not to do so.
SECTION 2. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.984 to read as follows:
Sec. 51.984. USE OF INSTITUTION FACILITIES BY RELIGIOUS
ORGANIZATION. (a) In this section, "institution of higher
education" has the meaning assigned by Section 61.003.
(b) An institution of higher education may allow a religious
organization to use the institution's facilities to host religious
worship, services, sermons, or assemblies only if:
(1) the use of the facilities does not interfere with
the institution's primary educational mission;
(2) the religious organization provides the fair
market rental value or reimbursement for utilities, security, and
other costs related to the use of the facilities as determined by
the institution or the institution's governing board, unless waived
by the institution or the institution's governing board;
(3) the religious organization agrees to be held
liable for any damages that occur in the organization's use of the
facilities;
(4) the religious organization is subject to the same
rental terms for the use of the facilities that a nonreligious
organization would be subjected to for that use; and
(5) any additional requirements imposed by other law
for the use of the facilities are satisfied.
(c) A religious organization's use of an institution of
higher education's facilities interferes with the institution's
primary educational mission for purposes of Subsection (b)(1) if:
(1) the organization engages in an activity described
by Subsection (b) during regular instructional hours, as determined
by the institution for purposes of this section;
(2) the organization displays signage, symbols,
books, or flyers on the institution's property during any period
other than the period in which the institution allows the
organization to use the institution's facilities; or
(3) the institution or an employee of the institution
promotes the organization's use of the facilities in any manner,
including by distributing information or making an announcement
regarding the organization or use or including an activity
described by Subsection (b) on an academic calendar.
(d) A state agency, political subdivision, or other
governmental entity may not impose a penalty or sanction on or deny
funding to an institution of higher education based on the
institution's decision to allow a religious organization to use the
institution's facilities in the manner provided by Subsection (b).
(e) This section may not be construed to require an
institution of higher education to allow a religious organization
to use the institution's facilities for religious purposes if the
institution elects not to do so.
SECTION 3. The changes in law made by this Act do not affect
the terms of a contract entered into before the effective date of
this Act, except that if the contract is renewed, modified, or
extended on or after the effective date of this Act, the changes in
law made by this Act apply to the contract beginning on the date of
renewal, modification, or extension.
SECTION 4. This Act takes effect September 1, 2025.