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A BILL TO BE ENTITLED
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AN ACT
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relating to use by a religious organization of public school or |
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institution of higher education facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 11, Education Code, is |
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amended by adding Section 11.173 to read as follows: |
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Sec. 11.173. USE OF SCHOOL FACILITIES BY RELIGIOUS |
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ORGANIZATION. (a) A school district or open-enrollment charter |
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school may allow a religious organization to use the district's or |
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school's facilities to host religious worship, services, sermons, |
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or assemblies only if: |
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(1) the use of the facilities does not interfere with |
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the district's or school's primary educational mission; |
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(2) the religious organization provides the fair |
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market rental value or reimbursement for utilities, security, and |
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other costs related to the use of the facilities as determined by |
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the board of trustees of the district or the governing body of the |
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school, unless waived by the board or governing body; |
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(3) the religious organization agrees to be held |
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liable for any damages that occur in the organization's use of the |
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facilities; and |
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(4) any additional requirements imposed by other law |
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for the use of the facilities are satisfied. |
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(b) A state agency, political subdivision, school district, |
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or other governmental entity may not impose a penalty or sanction on |
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or deny funding to a school district or open-enrollment charter |
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school based on the district's or school's decision to allow a |
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religious organization to use the district's or school's facilities |
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in the manner provided by Subsection (a). |
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(c) This section may not be construed to require a school |
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district or open-enrollment charter school to allow a religious |
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organization to use the district's or school's facilities for |
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religious purposes if the district or school elects not to do so. |
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SECTION 2. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.984 to read as follows: |
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Sec. 51.984. USE OF INSTITUTION FACILITIES BY RELIGIOUS |
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ORGANIZATION. (a) In this section, "institution of higher |
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education" has the meaning assigned by Section 61.003. |
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(b) An institution of higher education may allow a religious |
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organization to use the institution's facilities to host religious |
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worship, services, sermons, or assemblies only if: |
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(1) the use of the facilities does not interfere with |
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the institution's primary educational mission; |
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(2) the religious organization provides the fair |
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market rental value or reimbursement for utilities, security, and |
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other costs related to the use of the facilities as determined by |
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the institution or the institution's governing board, unless waived |
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by the institution or the institution's governing board; |
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(3) the religious organization agrees to be held |
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liable for any damages that occur in the organization's use of the |
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facilities; and |
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(4) any additional requirements imposed by other law |
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for the use of the facilities are satisfied. |
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(c) A state agency, political subdivision, or other |
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governmental entity may not impose a penalty or sanction on or deny |
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funding to an institution of higher education based on the |
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institution's decision to allow a religious organization to use the |
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institution's facilities in the manner provided by Subsection (b). |
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(d) This section may not be construed to require an |
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institution of higher education to allow a religious organization |
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to use the institution's facilities for religious purposes if the |
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institution elects not to do so. |
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SECTION 3. The changes in law made by this Act do not affect |
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the terms of a contract entered into before the effective date of |
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this Act, except that if the contract is renewed, modified, or |
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extended on or after the effective date of this Act, the changes in |
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law made by this Act apply to the contract beginning on the date of |
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renewal, modification, or extension. |
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SECTION 4. This Act takes effect September 1, 2025. |
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