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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection from adverse action against public |
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schools and institutions of higher education for permitting |
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religious organizations use of facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 11, Education Code, is amended by adding |
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Section 11.173 to read as follows: |
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Sec. 11.173. USE OF SCHOOL FACILITIES BY RELIGIOUS |
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ORGANIZATIONS. (a) A school district or open-enrollment charter |
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school may permit a religious organization to use school facilities |
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for the purpose of hosting religious worship, services, sermons, or |
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assemblies, provided that: |
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(1) the use does not interfere with the school's |
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primary educational mission; |
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(2) the religious organization provides fair-market |
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rental or reimbursement for utilities, security, or other costs as |
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determined by the school district or governing board, unless waived |
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by the school district or governing board; and |
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(3) the religious organization shall be held liable |
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for any damages that may incur in the commission or use of the |
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school's facilities. |
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(b) No state agency, political subdivision, school |
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district, or other governmental entity, shall impose a penalty, |
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sanction, or denial of funding to a public school based on its |
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decision to allow religious organizations to use it facilities for |
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religious services. |
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(c) The provisions of this section shall not be construed to |
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require any school district or open-enrollment charter school to |
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allow religious services if it elects to not do so. |
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SECTION 2. Chapter 51, Education Code, is amended by adding |
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section 51.984 to read as follows: |
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Sec. 51.984. USE OF UNIVERSITY FACILITIES BY RELIGIOUS |
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ORGANIZATIONS. (a) A public institution of higher education in |
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this state may permit religious organizations to use campus |
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facilities for the purpose of hosting religious worship, services, |
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sermons, or assemblies, provided that: |
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(1) the use does not interfere with the institution's |
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primary educational mission; |
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(2) the religious organization provides fair-market |
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rental or reimbursement for utilities, security, or other costs as |
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determined by the institution or governing board, unless waived by |
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the institution; and |
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(3) the religious organization shall be held liable |
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for any damages that may incur in the commission or use of the |
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institution's facilities. |
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(b) No state agency, political subdivision, or other |
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governmental entity, shall impose a penalty, sanction, or denial of |
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funding to an institution based on its decision to allow religious |
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organizations to use it facilities for religious services. |
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(c) The provisions of this section shall not be construed to |
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require any institution to allow religious services if it elects to |
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not do so. |
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SECTION 3. It is the intent of the legislature that every |
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provision, section, subsection, sentence, clause, phrase, or word |
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in this Act, and every application of the provisions in this Act to |
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every person, group of persons, or circumstances, is severable from |
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each other. If any application of any provision in this Act to any |
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person, group of persons, or circumstances, is severable from |
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person, group of persons, or circumstances is found by a court to be |
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invalid for any reason, the remaining applications of that |
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provision to all other persons and circumstances shall be severed |
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and may not be affected. |
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SECTION 4. This Act takes effect September 1, 2025. |