BILL ANALYSIS

H.B. 1558

By: Parker

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties report that municipalities currently have the authority to adopt local ordinances that prohibit a church from providing overnight shelter for children. The parties contend that municipalities should not have this authority because it prevents churches from providing a necessary service to a vulnerable segment of the population. H.B. 1558 seeks to make overnight shelter for a vulnerable segment of the population more available.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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.

ANALYSIS

H.B. 1558 amends the Local Government Code to prohibit a municipality from adopting an ordinance, or enforcing an existing ordinance, that prohibits a church from providing overnight shelter for children 17 years of age and younger. The bill makes a municipal ordinance or regulation that relates to the safe and sanitary operation of a homeless shelter for children applicable to a church that provides overnight shelter for children and authorizes a municipality to 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 each night.

EFFECTIVE DATE

September 1, 2015.