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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) "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, judicial, or legislative branch of |
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state government that is created by the state constitution or a |
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statute, including an institution of higher education as defined by |
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Section 61.003, Education Code; |
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(C) a political subdivision of this state; or |
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(D) an officer, employee, or agent of an entity |
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described by Paragraphs (A) through (C). |
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(2) "Religious organization" means an organization |
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established to support and serve the propagation of a sincerely |
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held religious belief. |
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Sec. 2401.002. RELIEF AVAILABLE. (a) A person may assert |
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an actual or threatened violation of Section 6-a, Article I, Texas |
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Constitution, as a claim or defense in a judicial or administrative |
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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. 2401.003. IMMUNITY WAIVED. A person who alleges a |
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violation of Section 6-a, Article I, Texas Constitution, may sue |
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the governmental entity for the relief provided under Section |
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2401.002. Sovereign or governmental immunity, as applicable, is |
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waived and abolished to the extent of liability for that relief. |
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Sec. 2401.004. 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 to enforce compliance with Section |
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6-a, Article I, Texas Constitution. |
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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. 2401.005. INTERPRETATION. (a) This chapter and |
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Section 6-a, Article I, Texas Constitution, may not be construed to |
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preempt state or federal constitutional or statutory law that is |
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equally or more protective of the free exercise of religious |
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beliefs or to narrow the meaning or application of state or federal |
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constitutional or statutory law protecting the free exercise of |
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religious beliefs. |
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(b) This chapter and Section 6-a, Article I, Texas |
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Constitution, may not be construed to prevent a governmental entity |
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from providing, either directly or through a person who is not |
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seeking protection under this chapter, any benefit or service |
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authorized under state or federal constitutional or statutory law. |
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Sec. 2401.006. SUSPENSION PROHIBITED. The protections |
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guaranteed under Section 6-a, Article I, Texas Constitution, and |
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this chapter may not be suspended. |
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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 January 1, 2022, but only |
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if the constitutional amendment proposed by the 87th Legislature, |
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Regular Session, 2021, to prohibit this state or a political |
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subdivision of this state from prohibiting or limiting a religious |
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service conducted by a religious organization is approved by the |
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voters. If that proposed constitutional amendment is not approved |
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by the voters, this Act has no effect. |