Texas § ED.11.173 - USE OF SCHOOL FACILITIES BY RELIGIOUS ORGANIZATION

§ ED.11.173. USE OF SCHOOL FACILITIES BY RELIGIOUS ORGANIZATION

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. Added by Acts 2025, 89th Leg., R.S., Ch. 1037 (S.B. 2986 ), Sec. 1, eff. September 1, 2025.