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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a municipality to regulate churches |
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that provide overnight shelter for children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 215, Local Government |
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Code, is amended by adding Section 215.006 to read as follows: |
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Sec. 215.006. CHURCH PROVIDING OVERNIGHT SHELTER. (a) In |
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this section: |
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(1) "Church" means a facility that is owned by a |
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religious organization and that is used primarily for religious |
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services. |
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(2) "Religious organization" means an organization |
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that meets the standards for qualification as a religious |
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organization under Section 11.20, Tax Code. |
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(b) A municipality may not adopt an ordinance, or enforce |
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an existing ordinance, that prohibits a church from providing |
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overnight shelter for children 17 years of age and younger. |
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(c) A municipal ordinance or regulation that relates to the |
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safe and sanitary operation of a homeless shelter for children |
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applies to a church that provides overnight shelter for children. |
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(d) A municipality may adopt or enforce an ordinance |
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establishing limits on the number of nights a child may use an |
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overnight shelter provided by a church or on the number of children |
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that can be housed in the shelter per night. |
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SECTION 2. This Act takes effect September 1, 2013. |