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A BILL TO BE ENTITLED
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AN ACT
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relating to sovereign immunity and civil rights actions related to |
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certain laws protecting the free exercise of religion. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 84.0067(a)(1), Civil Practice and |
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Remedies Code, is amended to read as follows: |
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(1) "Religious organization" means an [a charitable] |
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organization that: |
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(A) if the organization's primary purpose and |
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function are religious, is: |
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(i) a religious school organized primarily |
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for religious and educational purposes; or |
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(ii) a religious charity organized |
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primarily for religious and charitable purposes; or |
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(B) does not engage in activities that would |
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disqualify it from tax-exempt status under Section 501(c)(3), |
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Internal Revenue Code of 1986, as it existed on August 30, 1999 [is |
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a religious organization under Section 110.011(b)]. |
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SECTION 2. Section 110.008, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 110.008. SOVEREIGN IMMUNITY WAIVED. (a) Subject to |
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Section 110.006 and except as provided by Subsection (b), sovereign |
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immunity to suit and from liability is waived and abolished in state |
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and federal court to the extent of liability created by Section |
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110.005, and a claimant may sue a government agency for damages |
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allowed by that section. |
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(b) Notwithstanding Subsection (a), this chapter does not |
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waive or abolish sovereign immunity to suit and from liability |
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under the Eleventh Amendment to the United States Constitution, |
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which prohibits the citizens of another state or the citizens or |
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subjects of a foreign state from suing this state or any arm of this |
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state in federal court. |
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SECTION 3. Section 2400.001(5), Government Code, is amended |
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to read as follows: |
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(5) "Religious organization" means an organization |
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that: |
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(A) if the organization's primary purpose and |
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function are religious, is: |
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(i) a religious school organized primarily |
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for religious and educational purposes; or |
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(ii) a religious charity organized |
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primarily for religious and charitable purposes; or |
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(B) does not engage in activities that would |
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disqualify it from tax-exempt status under Section 501(c)(3), |
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Internal Revenue Code of 1986, as it existed on August 30, 1999 [is |
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a religious organization under Section 110.011(b), Civil Practice |
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and Remedies Code]. |
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SECTION 4. Section 2401.001(4), Government Code, is amended |
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to read as follows: |
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(4) "Religious organization" means an organization |
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open to the public that: |
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(A) if the organization's primary purpose and |
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function are religious, is: |
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(i) a religious school organized primarily |
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for religious and educational purposes; or |
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(ii) a religious charity organized |
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primarily for religious and charitable purposes; or |
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(B) does not engage in activities that would |
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disqualify it from tax-exempt status under Section 501(c)(3), |
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Internal Revenue Code of 1986, as it existed on August 30, 1999 [is |
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a religious organization under Section 110.011(b), Civil Practice |
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and Remedies Code]. |
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SECTION 5. Section 110.011, Civil Practice and Remedies |
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Code, is repealed. |
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SECTION 6. This Act takes effect September 1, 2025. |