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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection of religious organizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 10, Government Code, is |
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amended by adding Chapter 2401 to read as follows: |
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CHAPTER 2401. PROTECTION OF RELIGIOUS ORGANIZATIONS |
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Sec. 2401.001. DEFINITIONS. In this chapter: |
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(1) "Disaster" has the meaning assigned by Section |
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418.004. |
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(2) "Governmental entity" means: |
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(A) this state; |
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(B) a board, commission, council, department, or |
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other agency in the executive branch of state government that is |
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created by the state constitution or a statute, including an |
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institution of higher education as defined by Section 61.003, |
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Education Code; |
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(C) the legislature or a legislative agency; |
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(D) a state judicial agency or the State Bar of |
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Texas; |
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(E) a political subdivision of this state, |
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including a county, municipality, or special district or authority; |
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or |
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(F) an officer, employee, or agent of an entity |
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described by Paragraphs (A) through (E). |
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(3) "Person" has the meaning assigned by Section |
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311.005, except the term does not include: |
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(A) an employee of a governmental entity acting |
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within the employee's scope of employment; or |
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(B) a contractor of a governmental entity acting |
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within the scope of the contract. |
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(4) "Religious organization" means an organization |
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open to the public that is a religious organization under Section |
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110.011(b), Civil Practice and Remedies Code. |
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Sec. 2401.002. ESSENTIAL BUSINESS; PROHIBITED |
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RESTRICTIONS. (a) Notwithstanding any other law, a religious |
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organization is an essential business at all times in this state, |
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including during a declared state of disaster, and the |
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organization's religious and other related activities are |
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essential activities even if the activities are not listed as |
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essential in an order issued during the disaster. |
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(b) A governmental entity may not: |
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(1) at any time, including during a declared state of |
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disaster, prohibit a religious organization from engaging in |
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religious and other related activities or continuing to operate in |
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the discharge of the organization's foundational faith-based |
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mission and purpose; or |
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(2) during a declared state of disaster order a |
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religious organization to close or otherwise alter the |
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organization's purposes or activities. |
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Sec. 2401.003. RELIEF AVAILABLE. (a) A person may assert an |
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actual or threatened violation of Section 2401.002 as a claim or |
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defense in a judicial or administrative proceeding and obtain: |
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(1) injunctive relief; |
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(2) declaratory relief; and |
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(3) court costs and reasonable attorney's fees. |
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(b) Notwithstanding any other law, a person may commence an |
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action under this section and relief may be granted regardless of |
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whether the person has sought or exhausted available administrative |
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remedies. |
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Sec. 2401.004. IMMUNITY WAIVED. A person who alleges a |
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violation of Section 2401.002 may sue the governmental entity for |
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the relief provided under Section 2401.003. Sovereign or |
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governmental immunity, as applicable, is waived and abolished to |
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the extent of liability for that relief. |
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Sec. 2401.005. ATTORNEY GENERAL ACTION; INTERVENTION IN |
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PROCEEDING; PROHIBITED RECOVERY OF EXPENSES. (a) The attorney |
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general may bring an action for injunctive or declaratory relief |
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against a governmental entity or an officer or employee of a |
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governmental entity to enforce compliance with this chapter. |
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(b) This section may not be construed to deny, impair, or |
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otherwise affect any authority of the attorney general or a |
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governmental entity acting under other law to institute or |
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intervene in an action. |
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(c) The attorney general may not recover expenses incurred |
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in bringing, instituting, or intervening in an action described by |
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this section. |
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Sec. 2401.006. INTERPRETATION. (a) This chapter may not be |
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construed to preempt a state or federal law that is equally or more |
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protective of the free exercise of religious beliefs or to narrow |
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the meaning or application of a state or federal law protecting the |
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free exercise of religious beliefs. |
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(b) This chapter may not be construed to prevent a |
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governmental entity from providing, either directly or through a |
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person who is not seeking protection under this chapter, any |
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benefit or service authorized under state or federal law. |
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SECTION 2. Chapter 2401, Government Code, as added by this |
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Act, applies only to a cause of action that accrues on or after the |
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effective date of this Act. A cause of action that accrued before |
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the effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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* * * * * |