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House Bill 3859 |
House Author: Frank et al. |
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Effective: 9-1-17 |
Senate Sponsor: Perry et al. |
House Bill 3859 amends the Human Resources Code to prohibit a child welfare services provider from being required to provide any service that conflicts with the provider's sincerely held religious beliefs. The bill prohibits a governmental entity or any person that contracts with the state or operates under governmental authority to refer or place children for child welfare services from discriminating or taking any adverse action against a child welfare services provider on the basis, wholly or partly, that, among other protected actions, the provider has declined or will decline to provide, facilitate, or refer a person for child welfare services that conflict with, or under circumstances that conflict with, the provider's sincerely held religious beliefs. The bill sets out certain requirements for a provider who declines to provide a child welfare service and requires a governmental entity or any such person to ensure that a secondary child welfare services provider is available in the applicable catchment area to provide services to a child or provide for one or more secondary services providers in a nearby catchment area if an insufficient number of secondary services providers exists. The bill provides a private right of action for a services provider and entitles the provider to recover certain declaratory or injunctive relief. The bill waives sovereign and governmental immunity to suit except as provided by the United States Constitution.