By Talton H.C.R. No. 190
77R7826 RVH-D
HOUSE CONCURRENT RESOLUTION
1-1 WHEREAS, The religious freedom clauses of the First Amendment
1-2 of the United States Constitution provide that "Congress shall make
1-3 no law respecting an establishment of religion, or prohibiting the
1-4 free exercise thereof"; and
1-5 WHEREAS, The establishment clause prohibits the federal
1-6 government from passing legislation to establish an official
1-7 religion or preferring one religion over another; the free exercise
1-8 clause prohibits the government, in most instances, from
1-9 interfering with a person's practice of religion; and
1-10 WHEREAS, However, questions of national concern have arisen
1-11 regarding the application of the general tax laws and other general
1-12 regulatory laws of the government of the United States to the
1-13 churches of this nation; and
1-14 WHEREAS, Many religious organizations have been structured as
1-15 nonprofit legal entities and qualify for statutory tax exemptions
1-16 under Section 501(c)(3) of Title 26 of the United States Code, but
1-17 for churches that have not chosen to organize themselves
1-18 specifically as tax-exempt entities the applicability of federal
1-19 tax laws and regulations is unclear; now, therefore, be it
1-20 RESOLVED, That the 77th Legislature of the State of Texas
1-21 hereby respectfully urge the Congress of the United States to
1-22 declare its intent that the general tax laws and other general
1-23 regulatory laws of the government of the United States of America
1-24 shall not apply to the churches of this nation, including those
2-1 that are not explicitly structured as tax-exempt nonprofit
2-2 corporations; and, be it further
2-3 RESOLVED, That the Texas secretary of state forward official
2-4 copies of this resolution to the president of the United States, to
2-5 the speaker of the house of representatives and the president of
2-6 the senate of the United States Congress, and to all the members of
2-7 the Texas delegation to the congress with the request that this
2-8 resolution be officially entered in the Congressional Record as a
2-9 memorial to the Congress of the United States of America.