Bill Text: TX HB2319 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the authority of a municipality to regulate churches that provide overnight shelter for children.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2013-05-09 - Placed on General State Calendar [HB2319 Detail]
Download: Texas-2013-HB2319-Introduced.html
Bill Title: Relating to the authority of a municipality to regulate churches that provide overnight shelter for children.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2013-05-09 - Placed on General State Calendar [HB2319 Detail]
Download: Texas-2013-HB2319-Introduced.html
83R6221 NC-D | ||
By: Parker | H.B. No. 2319 |
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relating to churches that provide overnight shelter for children. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 215, Local Government | ||
Code, is amended by adding Section 215.006 to read as follows: | ||
Sec. 215.006. CHURCH PROVIDING OVERNIGHT SHELTER. (a) In | ||
this section: | ||
(1) "Church" means a facility that is owned by a | ||
religious organization and that is used primarily for religious | ||
services. | ||
(2) "Religious organization" means a church, | ||
synagogue, or other organization or association organized | ||
primarily for religious purposes. | ||
(b) A municipality may not adopt an ordinance, or enforce | ||
an existing ordinance, that prohibits a church from providing | ||
overnight shelter for children 17 years of age and younger. | ||
(c) A municipal ordinance or regulation that relates to the | ||
safe and sanitary operation of a homeless shelter applies to a | ||
church that provides overnight shelter for children. | ||
SECTION 2. Title 4, Civil Practice and Remedies Code, is | ||
amended by adding Chapter 84A to read as follows: | ||
CHAPTER 84A. CHURCH IMMUNITY | ||
Sec. 84A.001. CHURCH PROVIDING OVERNIGHT SHELTER FOR CHILD. | ||
(a) In this section: | ||
(1) "Child" means an individual 17 years of age or | ||
younger. | ||
(2) "Church" means a facility that is owned by a | ||
religious organization and that is used primarily for religious | ||
services. | ||
(3) "Religious organization" means a church, | ||
synagogue, or other organization or association organized | ||
primarily for religious purposes. | ||
(b) A church is immune from civil liability for any act or | ||
omission resulting in injury to a child or in damage to or loss of | ||
the child's property while the child was using the church as an | ||
overnight shelter, unless the act or omission was intentional, | ||
wilfully or wantonly negligent, or done with conscious indifference | ||
or reckless disregard for the safety of others. | ||
SECTION 3. Chapter 84A, Civil Practice and Remedies Code, | ||
as added by this Act, applies only to a cause of action that accrues | ||
on or after the effective date of this Act. A cause of action that | ||
accrues before the effective date of this Act is governed by the law | ||
in effect immediately before that date, and that law is continued in | ||
effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2013. |