H.B. 2456 78(R)    BILL ANALYSIS


H.B. 2456
By: Chisum
Urban Affairs
Committee Report (Unamended)


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.  

House Bill 2456 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 committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 110.003, Civil Practices and Remedies Code, as
follows: 
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 property located in the municipality
that is owned by a religious organization, only the least restrictive site
development zoning applying to the least restrictive zoning district that
allows organized religious worship.  

SECTION 2.Amends Section 211.003, Local Government Code, as follows:
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 property located in the municipality
that is owned by a religious organization, only the least restrictive site
development zoning applying to the least restrictive zoning district that
allows organized religious worship.  

SECTION 3.Effective date.

EFFECTIVE DATE

September 1, 2003.