HBA-LJP C.S.H.B. 3548 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3548
By: Chisum
Land & Resource Management
4/25/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

On September 22, 2000, the federal Religious Land Use and Institutionalized
Persons Act of 2000 was enacted to protect the exercise of religion in
cases where state or local governments seek to impose or implement a zoning
or landmark law that imposes a substantial burden on religious exercise.
Some municipalities in Texas have denied religious organizations permits
for certain religious assemblies because of zoning issues.  C.S.H.B. 3548
authorizes a municipality that permits the exercise of religion or
organized religious worship in both residential and commercial zoning
districts to enforce, with regard to certain property owned by a religious
organization, only the least restrictive site development regulations
applying to the least restrictive zoning district that allows organized
religious worship. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 3548 amends the Local Government and Civil Practice and Remedies
codes to authorize a municipality or governing body of a municipality that
permits the exercise of religion or organized religious worship in both
residential and commercial zoning districts to enforce, with regard to
property located in the municipality that is owned by a religious
organization, including educational and parking facilities, only the least
restrictive site development regulations applying to the least restrictive
zoning district that allows organized religious worship. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3548 amends the original to authorize, rather than require, a
municipality that permits the exercise of religion or organized religious
worship, rather than assembly, to enforce, with regard to certain property
that is owned by a religious organization, only the least restrictive site
development regulations applying to the least restrictive zoning district
that allows organized religious worship.  The substitute specifies that
property includes educational and parking facilities.  The substitute also
conforms the original bill to Texas Legislative Council style and format.