Enrolled Bill Summary

            Senate Bill 138 amends the Civil Practice and Remedies Code and other state law to prohibit actions by the state and its political subdivisions that substantially burden the free exercise of religion unless the governmental entity demonstrates the action to be in furtherance of a compelling governmental interest and the least restrictive means to further that interest. The act preserves city powers relating to zoning, land use, traffic, nuisances, and historic preservation. Laws are exempt if expressly made so, and the act does not affect religious tax exemptions or the grant or denial of benefits to religious organizations. Certain correctional actions are unaffected or presumed to meet the compelling interest standard. Otherwise, courts are to give weight to federal case law interpretation. A person may assert religious freedom violation as a defense in a judicial or administrative proceeding, but with certain exceptions the act does not establish or eliminate a civil or criminal defense under federal or state civil rights laws. It waives sovereign immunity and allows lawsuits except for suits brought by citizens of another state. The act establishes procedures and criteria by which a notified governmental entity may remedy a substantial burden. If the remedy cures the burden, no suit may be brought.