Bill Caption

Relating to the municipal regulation of housing for homeless individuals provided by a religious organization.

Fiscal Notes

No fiscal implication the State is anticipated.

Bill Analysis

HB 2405 would prohibit a municipal zoning or land use ordinance from prohibiting a religious organization from using the religious organization's facility as housing for homeless individuals, or having housing units on the organization's property for homeless individuals.

However, this bill would allow a municipality to adopt or enforce an ordinance that imposes certain health and safety regulations on housing for homeless individuals on a property owned by a religious organization, including regulations to require the provision of electricity and heat for each housing unit, as well as at least one kitchen and bathroom on the property that may be used by the individuals. For the purposes of this legislation, the term "housing" would not include temporary housing for life-threatening situations or for natural disaster relief.

Vote Recommendation Notes

Texas Action supports HB 2405 because it promotes individual liberty, limited government, and property rights. This bill would protect the free exercise of religion for organizations that seek to house homeless individuals on their land, as well as protect against unreasonable land use restrictions by municipalities.