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A BILL TO BE ENTITLED
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AN ACT
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relating to churches 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 a church, |
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synagogue, or other organization or association organized |
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primarily for religious purposes. |
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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 applies to a |
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church that provides overnight shelter for children. |
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SECTION 2. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 84A to read as follows: |
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CHAPTER 84A. CHURCH IMMUNITY |
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Sec. 84A.001. CHURCH PROVIDING OVERNIGHT SHELTER FOR CHILD. |
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(a) In this section: |
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(1) "Child" means an individual 17 years of age or |
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younger. |
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(2) "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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(3) "Religious organization" means a church, |
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synagogue, or other organization or association organized |
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primarily for religious purposes. |
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(b) A church is immune from civil liability for any act or |
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omission resulting in injury to a child or in damage to or loss of |
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the child's property while the child was using the church as an |
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overnight shelter, unless the act or omission was intentional, |
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wilfully or wantonly negligent, or done with conscious indifference |
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or reckless disregard for the safety of others. |
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SECTION 3. Chapter 84A, Civil Practice and Remedies Code, |
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as added by this Act, applies only to a cause of action that accrues |
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on or after the effective date of this Act. A cause of action that |
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accrues before the effective date of this Act is governed by the law |
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in effect immediately before that date, and that law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |