83R23419 NC-D
 
  By: Parker, et al. H.B. No. 2319
 
  Substitute the following for H.B. No. 2319:
 
  By:  Farrar C.S.H.B. No. 2319
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a municipality to regulate churches
  that provide overnight shelter for children.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 215, Local Government
  Code, is amended by adding Section 215.006 to read as follows:
         Sec. 215.006.  CHURCH PROVIDING OVERNIGHT SHELTER. (a) In
  this section:
               (1)  "Church" means a facility that is owned by a
  religious organization and that is used primarily for religious
  services.
               (2)  "Religious organization" means an organization
  that meets the standards for qualification as a religious
  organization under Section 11.20, Tax Code.
         (b)  A municipality may not adopt an ordinance, or enforce
  an existing ordinance, that prohibits a church from providing
  overnight shelter for children 17 years of age and younger.
         (c)  A municipal ordinance or regulation that relates to the
  safe and sanitary operation of a homeless shelter for children
  applies to a church that provides overnight shelter for children.
         (d)  A municipality may adopt or enforce an ordinance
  establishing limits on the number of nights a child may use an
  overnight shelter provided by a church or on the number of children
  that can be housed in the shelter per night.
         SECTION 2.  This Act takes effect September 1, 2013.