- (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.
Added by Acts 2025, 89th Leg., R.S., Ch. 1037 (S.B. 2986), Sec. 2, eff. September 1, 2025.