Relating to use by a religious organization of public school or institution of higher education facilities.

89(R) SB 2986 - Enrolled version - Bill Text

S.B. No. 2986

AN ACT

relating to use by a religious organization of public school or

institution of higher education facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 11, Education Code, is

amended by adding Section 11.173 to read as follows:

Sec.

11.173.

USE OF SCHOOL FACILITIES BY RELIGIOUS

ORGANIZATION. (a) A school district or open-enrollment charter

school may allow a religious organization to use the district's or

school's facilities to host religious worship, services, sermons,

or assemblies only if:

(1)

the use of the facilities does not interfere with

the district's or school's primary educational mission;

(2)

the religious organization provides the fair

market rental value or reimbursement for utilities, security, and

other costs related to the use of the facilities as determined by

the board of trustees of the district or the governing body of the

school, unless waived by the board or governing body;

(3)

the religious organization agrees to be held

liable for any damages that occur in the organization's use of the

facilities;

(4)

the religious organization is subject to the same

rental terms for the use of the facilities that a nonreligious

organization would be subjected to for that use; and

(5)

any additional requirements imposed by other law

for the use of the facilities are satisfied.

(b)

A religious organization's use of a school district's or

open-enrollment charter school's facilities interferes with the

district's or school's primary educational mission for purposes of

Subsection (a)(1) if:

(1)

the organization engages in an activity described

by Subsection (a) during regular school hours;

(2)

the organization displays signage, symbols,

books, or flyers on the district's or school's property during any

period other than the period in which the district or school allows

the organization to use the district's or school's facilities; or

(3)

the district or school or an employee of the

district or school promotes the organization's use of the

facilities in any manner, including by distributing information or

making an announcement regarding the organization or use or

including an activity described by Subsection (a) on an academic

calendar.

(c)

A state agency, political subdivision, school district,

or other governmental entity may not impose a penalty or sanction on

or deny funding to a school district or open-enrollment charter

school based on the district's or school's decision to allow a

religious organization to use the district's or school's facilities

in the manner provided by Subsection (a).

(d)

This section may not be construed to require a school

district or open-enrollment charter school to allow a religious

organization to use the district's or school's facilities for

religious purposes if the district or school elects not to do so.

SECTION 2. Subchapter Z, Chapter 51, Education Code, is

amended by adding Section 51.984 to read as follows:

Sec.

51.984.

USE OF INSTITUTION FACILITIES BY RELIGIOUS

ORGANIZATION. (a) In this section, "institution of higher

education" has the meaning assigned by Section 61.003.

(b)

An institution of higher education may allow a religious

organization to use the institution's facilities to host religious

worship, services, sermons, or assemblies only if:

(1)

the use of the facilities does not interfere with

the institution's primary educational mission;

(2)

the religious organization provides the fair

market rental value or reimbursement for utilities, security, and

other costs related to the use of the facilities as determined by

the institution or the institution's governing board, unless waived

by the institution or the institution's governing board;

(3)

the religious organization agrees to be held

liable for any damages that occur in the organization's use of the

facilities;

(4)

the religious organization is subject to the same

rental terms for the use of the facilities that a nonreligious

organization would be subjected to for that use; and

(5)

any additional requirements imposed by other law

for the use of the facilities are satisfied.

(c)

A state agency, political subdivision, or other

governmental entity may not impose a penalty or sanction on or deny

funding to an institution of higher education based on the

institution's decision to allow a religious organization to use the

institution's facilities in the manner provided by Subsection (b).

(d)

This section may not be construed to require an

institution of higher education to allow a religious organization

to use the institution's facilities for religious purposes if the

institution elects not to do so.

SECTION 3. The changes in law made by this Act do not affect

the terms of a contract entered into before the effective date of

this Act, except that if the contract is renewed, modified, or

extended on or after the effective date of this Act, the changes in

law made by this Act apply to the contract beginning on the date of

renewal, modification, or extension.

SECTION 4. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 2986 passed the Senate on

April 30, 2025, by the following vote: Yeas 30, Nays 1; and that

the Senate concurred in House amendment on May 30, 2025, by the

following vote: Yeas 26, Nays 5.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 2986 passed the House, with

amendment, on May 28, 2025, by the following vote: Yeas 130,

Nays 9, two present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor