By Edwards H.C.R. No. 239
76R443 JLZ-D
HOUSE CONCURRENT RESOLUTION
1-1 WHEREAS, American churches have played an invaluable role in
1-2 the rise and development of American government and society and
1-3 continue to have significant influence on every sphere of American
1-4 society and culture; and
1-5 WHEREAS, American churches were instrumental in the
1-6 development of educational institutions from the elementary level
1-7 to the graduate level, gave birth to and nourished the longstanding
1-8 national ideals of civil and social justice, taught the principles
1-9 of limited government and of community and self-reliance, and were
1-10 at the forefront of wide-ranging social reforms; and
1-11 WHEREAS, Churches frequently serve not only as spiritual
1-12 centers, but also as cultural and community centers for members and
1-13 nonmembers alike; and
1-14 WHEREAS, They not only provide spiritual training through
1-15 regular services and worship-related church functions but also
1-16 house other activities throughout the week, providing facilities
1-17 for schools, day care, religious schools and colleges, youth
1-18 recreation centers, voting and polling sites, centers of
1-19 faith-based community programs ranging from welfare and crisis
1-20 pregnancy programs to job training and criminal or drug
1-21 rehabilitation services, and numerous other activities; and
1-22 WHEREAS, For most churches, providing these services for
1-23 church members and for the wider community is as much a part of
1-24 their religious mandate as is the teaching of scripture; and
2-1 WHEREAS, In recent years, the traditional position of
2-2 government noninterference with churches and their activities has
2-3 slowly eroded, resulting in many instances of government
2-4 entanglement with the management of churches and their activities,
2-5 primarily in the form of micromanagement of church facilities use
2-6 through the imposition of restrictive zoning regulations,
2-7 social-services inspections, and similar other intrusive regulatory
2-8 devices; and
2-9 WHEREAS, Some current zoning regulations even now stipulate
2-10 on what days or nights churches may hold Bible studies and even by
2-11 what hour they must be terminated, on what days churches may teach
2-12 children on their premises, how many cars may be allowed on the
2-13 church's property, or how many persons may use the church's
2-14 facilities; and
2-15 WHEREAS, The result of aggressive restrictions, whether
2-16 imposed by state or local governments, has been an infringement on
2-17 the right of churches to determine how and when to use their own
2-18 property and how they may reach out to and serve their community
2-19 and their members as their faith requires and thus constitutes a
2-20 government infringement on the church's ministries; and
2-21 WHEREAS, Church ministry in all of its various dimensions has
2-22 been recognized as so important to American society at large that
2-23 the government for 200 years has exempted churches from taxation,
2-24 allowing them to have more funds to invest in such programs, and
2-25 has made individual contributions to churches tax-deductible to
2-26 encourage individuals to give to churches and to reward those who
2-27 do; now, therefore, be it
3-1 RESOLVED, That the 76th Legislature of the State of Texas
3-2 hereby acknowledge the importance of churches and their ministries,
3-3 including those such as day care, schools, and ministries to the
3-4 homeless, underprivileged, and those in crises; and, be it further
3-5 RESOLVED, That the Texas Legislature endorse the exemption of
3-6 all church facilities from prohibitive and intrusive zoning
3-7 regulations and staff or facility licensing requirements beyond
3-8 what is required for regular worship services within the church
3-9 facility; and, be it further
3-10 RESOLVED, That the legislature encourage the churches to
3-11 serve as good stewards of the assets entrusted to their care,
3-12 including buildings and property, and to maximize their use of
3-13 these facilities.