By Hochberg H.R. No. 1295
76R17938 DLF-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 76th Legislature, Regular Session, 1999, That House Rule
1-3 13, Section 9(a), be suspended in part as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on Senate Bill No. 138, relating to
1-6 government restrictions on the exercise of religion, to consider
1-7 and take action on the following matter:
1-8 House Rule 13, Sections 9(a)(1), (2), and (3), is suspended
1-9 to permit the committee to omit text relating to a presumption
1-10 established by certain ordinances, rules, orders, decisions, or
1-11 practices, and substitute the following new SECTIONS, appropriately
1-12 numbered:
1-13 SECTION ____. Subchapter G, Chapter 61, Human Resources
1-14 Code, is amended by adding Section 61.097 to read as follows:
1-15 Sec. 61.097. APPLICATION OF LAW RELATING TO FREE EXERCISE OF
1-16 RELIGION. For purposes of Chapter 110, Civil Practice and Remedies
1-17 Code, an ordinance, rule, order, decision, or practice that applies
1-18 to a person in the custody of a juvenile detention facility or
1-19 other correctional facility operated by or under a contract with
1-20 the commission, a county, or a juvenile probation department is
1-21 presumed to be in furtherance of a compelling governmental interest
1-22 and the least restrictive means of furthering that interest. The
1-23 presumption may be rebutted.
1-24 SECTION ____. Chapter 76, Government Code, is amended by
2-1 adding Section 76.018 to read as follows:
2-2 Sec. 76.018. APPLICATION OF LAW RELATING TO FREE EXERCISE OF
2-3 RELIGION. For purposes of Chapter 110, Civil Practice and Remedies
2-4 Code, an ordinance, rule, order, decision, or practice that applies
2-5 to a person in the custody of a correctional facility operated by
2-6 or under a contract with a community supervision and corrections
2-7 department is presumed to be in furtherance of a compelling
2-8 governmental interest and the least restrictive means of furthering
2-9 that interest. The presumption may be rebutted.
2-10 SECTION ____. Chapter 493, Government Code, is amended by
2-11 adding Section 493.023 to read as follows:
2-12 Sec. 493.023. APPLICATION OF LAW RELATING TO FREE EXERCISE
2-13 OF RELIGION. For purposes of Chapter 110, Civil Practice and
2-14 Remedies Code, an ordinance, rule, order, decision, or practice
2-15 that applies to a person in the custody of a jail or other
2-16 correctional facility operated by or under a contract with the
2-17 department is presumed to be in furtherance of a compelling
2-18 governmental interest and the least restrictive means of furthering
2-19 that interest. The presumption may be rebutted.
2-20 SECTION ____. Chapter 361, Local Government Code, is amended
2-21 by adding Subchapter G to read as follows:
2-22 SUBCHAPTER G. RELIGIOUS FREEDOM
2-23 Sec. 361.101. APPLICATION OF LAW RELATING TO FREE EXERCISE
2-24 OF RELIGION. For purposes of Chapter 110, Civil Practice and
2-25 Remedies Code, an ordinance, rule, order, decision, or practice
2-26 that applies to a person in the custody of a municipal or county
2-27 jail or other correctional facility operated by or under a contract
3-1 with a county or municipality is presumed to be in furtherance of a
3-2 compelling governmental interest and the least restrictive means of
3-3 furthering that interest. The presumption may be rebutted.
3-4 Explanation: This change is necessary to place text relating
3-5 to certain government agencies in the law relating specifically to
3-6 those agencies and to clarify the application of the presumption
3-7 established by the affected text to certain juvenile detention and
3-8 other correctional facilities.