AN ACT
1-1 relating to government restrictions on the exercise of religion.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Title 5, Civil Practice and Remedies Code, is
1-4 amended by adding Chapter 110 to read as follows:
1-5 CHAPTER 110. RELIGIOUS FREEDOM
1-6 Sec. 110.001. DEFINITIONS. (a) In this chapter:
1-7 (1) "Free exercise of religion" means an act or
1-8 refusal to act that is substantially motivated by sincere religious
1-9 belief. In determining whether an act or refusal to act is
1-10 substantially motivated by sincere religious belief under this
1-11 chapter, it is not necessary to determine that the act or refusal
1-12 to act is motivated by a central part or central requirement of the
1-13 person's sincere religious belief.
1-14 (2) "Government agency" means:
1-15 (A) this state or a municipality or other
1-16 political subdivision of this state; and
1-17 (B) any agency of this state or a municipality
1-18 or other political subdivision of this state, including a
1-19 department, bureau, board, commission, office, agency, council, or
1-20 public institution of higher education.
1-21 (b) In determining whether an interest is a compelling
1-22 governmental interest under Section 110.003, a court shall give
1-23 weight to the interpretation of compelling interest in federal case
1-24 law relating to the free exercise of religion clause of the First
2-1 Amendment of the United States Constitution.
2-2 Sec. 110.002. APPLICATION. (a) This chapter applies to any
2-3 ordinance, rule, order, decision, practice, or other exercise of
2-4 governmental authority.
2-5 (b) This chapter applies to an act of a government agency,
2-6 in the exercise of governmental authority, granting or refusing to
2-7 grant a government benefit to an individual.
2-8 (c) This chapter applies to each law of this state unless
2-9 the law is expressly made exempt from the application of this
2-10 chapter by reference to this chapter.
2-11 Sec. 110.003. RELIGIOUS FREEDOM PROTECTED. (a) Subject to
2-12 Subsection (b), a government agency may not substantially burden a
2-13 person's free exercise of religion.
2-14 (b) Subsection (a) does not apply if the government agency
2-15 demonstrates that the application of the burden to the person:
2-16 (1) is in furtherance of a compelling governmental
2-17 interest; and
2-18 (2) is the least restrictive means of furthering that
2-19 interest.
2-20 (c) A government agency that makes the demonstration
2-21 required by Subsection (b) is not required to separately prove that
2-22 the remedy and penalty provisions of the law, ordinance, rule,
2-23 order, decision, practice, or other exercise of governmental
2-24 authority that imposes the substantial burden are the least
2-25 restrictive means to ensure compliance or to punish the failure to
2-26 comply.
3-1 Sec. 110.004. DEFENSE. A person whose free exercise of
3-2 religion has been substantially burdened in violation of Section
3-3 110.003 may assert that violation as a defense in a judicial or
3-4 administrative proceeding without regard to whether the proceeding
3-5 is brought in the name of the state or by any other person.
3-6 Sec. 110.005. REMEDIES. (a) Any person, other than a
3-7 government agency, who successfully asserts a claim or defense
3-8 under this chapter is entitled to recover:
3-9 (1) declaratory relief under Chapter 37;
3-10 (2) injunctive relief to prevent the threatened
3-11 violation or continued violation;
3-12 (3) compensatory damages for pecuniary and
3-13 nonpecuniary losses; and
3-14 (4) reasonable attorney's fees, court costs, and other
3-15 reasonable expenses incurred in bringing the action.
3-16 (b) Compensatory damages awarded under Subsection (a)(3) may
3-17 not exceed $10,000 for each entire, distinct controversy, without
3-18 regard to the number of members or other persons within a religious
3-19 group who claim injury as a result of the government agency's
3-20 exercise of governmental authority. A claimant is not entitled to
3-21 recover exemplary damages under this chapter.
3-22 (c) An action under this section must be brought in district
3-23 court.
3-24 (d) A person may not bring an action for damages or
3-25 declaratory or injunctive relief against an individual, other than
3-26 an action brought against an individual acting in the individual's
4-1 official capacity as an officer of a government agency.
4-2 (e) This chapter does not affect the application of Section
4-3 498.0045 or 501.008, Government Code, or Chapter 14 of this code.
4-4 Sec. 110.006. NOTICE; RIGHT TO ACCOMMODATE. (a) A person
4-5 may not bring an action to assert a claim under this chapter
4-6 unless, 60 days before bringing the action, the person gives
4-7 written notice to the government agency by certified mail, return
4-8 receipt requested:
4-9 (1) that the person's free exercise of religion is
4-10 substantially burdened by an exercise of the government agency's
4-11 governmental authority;
4-12 (2) of the particular act or refusal to act that is
4-13 burdened; and
4-14 (3) of the manner in which the exercise of
4-15 governmental authority burdens the act or refusal to act.
4-16 (b) Notwithstanding Subsection (a), a claimant may, within
4-17 the 60-day period established by Subsection (a), bring an action
4-18 for declaratory or injunctive relief and associated attorney's
4-19 fees, court costs, and other reasonable expenses, if:
4-20 (1) the exercise of governmental authority that
4-21 threatens to substantially burden the person's free exercise of
4-22 religion is imminent; and
4-23 (2) the person was not informed and did not otherwise
4-24 have knowledge of the exercise of the governmental authority in
4-25 time to reasonably provide the notice.
4-26 (c) A government agency that receives a notice under
5-1 Subsection (a) may remedy the substantial burden on the person's
5-2 free exercise of religion.
5-3 (d) A remedy implemented by a government agency under this
5-4 section:
5-5 (1) may be designed to reasonably remove the
5-6 substantial burden on the person's free exercise of religion;
5-7 (2) need not be implemented in a manner that results
5-8 in an exercise of governmental authority that is the least
5-9 restrictive means of furthering the governmental interest,
5-10 notwithstanding any other provision of this chapter; and
5-11 (3) must be narrowly tailored to remove the particular
5-12 burden for which the remedy is implemented.
5-13 (e) A person with respect to whom a substantial burden on
5-14 the person's free exercise of religion has been cured by a remedy
5-15 implemented under this section may not bring an action under
5-16 Section 110.005.
5-17 (f) A person who complies with an inmate grievance system as
5-18 required under Section 501.008, Government Code, is not required to
5-19 provide a separate written notice under Subsection (a). In
5-20 conjunction with the inmate grievance system, the government agency
5-21 may remedy a substantial burden on the person's free exercise of
5-22 religion in the manner described by, and subject to, Subsections
5-23 (c), (d), and (e).
5-24 (g) In dealing with a claim that a person's free exercise of
5-25 religion has been substantially burdened in violation of this
5-26 chapter, an inmate grievance system, including an inmate grievance
6-1 system required under Section 501.008, Government Code, must
6-2 provide to the person making the claim a statement of the
6-3 government agency's rationale for imposing the burden, if any
6-4 exists, in connection with any adverse determination made in
6-5 connection with the claim.
6-6 Sec. 110.007. ONE-YEAR LIMITATIONS PERIOD. (a) A person
6-7 must bring an action to assert a claim for damages under this
6-8 chapter not later than one year after the date the person knew or
6-9 should have known of the substantial burden on the person's free
6-10 exercise of religion.
6-11 (b) Mailing notice under Section 110.006 tolls the
6-12 limitations period established under this section until the 75th
6-13 day after the date on which the notice was mailed.
6-14 Sec. 110.008. SOVEREIGN IMMUNITY WAIVED. (a) Subject to
6-15 Section 110.006, sovereign immunity to suit and from liability is
6-16 waived and abolished to the extent of liability created by Section
6-17 110.005, and a claimant may sue a government agency for damages
6-18 allowed by that section.
6-19 (b) Notwithstanding Subsection (a), this chapter does not
6-20 waive or abolish sovereign immunity to suit and from liability
6-21 under the Eleventh Amendment to the United States Constitution.
6-22 Sec. 110.009. EFFECT ON RIGHTS. (a) This chapter does not
6-23 authorize a government agency to burden a person's free exercise of
6-24 religion.
6-25 (b) The protection of religious freedom afforded by this
6-26 chapter is in addition to the protections provided under federal
7-1 law and the constitutions of this state and the United States.
7-2 This chapter may not be construed to affect or interpret Section 4,
7-3 5, 6, or 7, Article I, Texas Constitution.
7-4 Sec. 110.010. APPLICATION TO CERTAIN CASES. Notwithstanding
7-5 any other provision of this chapter, a municipality has no less
7-6 authority to adopt or apply laws and regulations concerning zoning,
7-7 land use planning, traffic management, urban nuisance, or historic
7-8 preservation than the authority of the municipality that existed
7-9 under the law as interpreted by the federal courts before April 17,
7-10 1990. This chapter does not affect the authority of a municipality
7-11 to adopt or apply laws and regulations as that authority has been
7-12 interpreted by any court in cases that do not involve the free
7-13 exercise of religion.
7-14 Sec. 110.011. CIVIL RIGHTS. (a) Except as provided in
7-15 Subsection (b), this chapter does not establish or eliminate a
7-16 defense to a civil action or criminal prosecution under a federal
7-17 or state civil rights law.
7-18 (b) This chapter is fully applicable to claims regarding the
7-19 employment, education, or volunteering of those who perform duties,
7-20 such as spreading or teaching faith, performing devotional
7-21 services, or internal governance, for a religious organization.
7-22 For the purposes of this subsection, an organization is a religious
7-23 organization if:
7-24 (1) the organization's primary purpose and function
7-25 are religious, it is a religious school organized primarily for
7-26 religious and educational purposes, or it is a religious charity
8-1 organized primarily for religious and charitable purposes; and
8-2 (2) it does not engage in activities that would
8-3 disqualify it from tax exempt status under Section 501(c)(3),
8-4 Internal Revenue Code of 1986, as it existed on August 30, 1999.
8-5 Sec. 110.012. GRANT TO RELIGIOUS ORGANIZATION NOT AFFECTED.
8-6 Notwithstanding Section 110.002(b), this chapter does not affect
8-7 the grant or denial of an appropriation or other grant of money or
8-8 benefits to a religious organization, nor does it affect the grant
8-9 or denial of a tax exemption to a religious organization.
8-10 SECTION 2. Subchapter G, Chapter 61, Human Resources Code,
8-11 is amended by adding Section 61.097 to read as follows:
8-12 Sec. 61.097. APPLICATION OF LAW RELATING TO FREE EXERCISE OF
8-13 RELIGION. For purposes of Chapter 110, Civil Practice and Remedies
8-14 Code, an ordinance, rule, order, decision, or practice that applies
8-15 to a person in the custody of a juvenile detention facility or
8-16 other correctional facility operated by or under a contract with
8-17 the commission, a county, or a juvenile probation department is
8-18 presumed to be in furtherance of a compelling governmental interest
8-19 and the least restrictive means of furthering that interest. The
8-20 presumption may be rebutted.
8-21 SECTION 3. Chapter 76, Government Code, is amended by adding
8-22 Section 76.018 to read as follows:
8-23 Sec. 76.018. APPLICATION OF LAW RELATING TO FREE EXERCISE OF
8-24 RELIGION. For purposes of Chapter 110, Civil Practice and Remedies
8-25 Code, an ordinance, rule, order, decision, or practice that applies
8-26 to a person in the custody of a correctional facility operated by
9-1 or under a contract with a community supervision and corrections
9-2 department is presumed to be in furtherance of a compelling
9-3 governmental interest and the least restrictive means of furthering
9-4 that interest. The presumption may be rebutted.
9-5 SECTION 4. Chapter 493, Government Code, is amended by
9-6 adding Section 493.023 to read as follows:
9-7 Sec. 493.023. APPLICATION OF LAW RELATING TO FREE EXERCISE
9-8 OF RELIGION. For purposes of Chapter 110, Civil Practice and
9-9 Remedies Code, an ordinance, rule, order, decision, or practice
9-10 that applies to a person in the custody of a jail or other
9-11 correctional facility operated by or under a contract with the
9-12 department is presumed to be in furtherance of a compelling
9-13 governmental interest and the least restrictive means of furthering
9-14 that interest. The presumption may be rebutted.
9-15 SECTION 5. Chapter 361, Local Government Code, is amended by
9-16 adding Subchapter G to read as follows:
9-17 SUBCHAPTER G. RELIGIOUS FREEDOM
9-18 Sec. 361.101. APPLICATION OF LAW RELATING TO FREE EXERCISE
9-19 OF RELIGION. For purposes of Chapter 110, Civil Practice and
9-20 Remedies Code, an ordinance, rule, order, decision, or practice
9-21 that applies to a person in the custody of a municipal or county
9-22 jail or other correctional facility operated by or under a contract
9-23 with a county or municipality is presumed to be in furtherance of a
9-24 compelling governmental interest and the least restrictive means of
9-25 furthering that interest. The presumption may be rebutted.
9-26 SECTION 6. This Act applies only to a cause of action that
10-1 accrues on or after the effective date of this Act. A cause of
10-2 action that accrues before the effective date of this Act is
10-3 governed by the law as it existed immediately before the effective
10-4 date of this Act, and that law is continued in effect for this
10-5 purpose.
10-6 SECTION 7. The importance of this legislation and the
10-7 crowded condition of the calendars in both houses create an
10-8 emergency and an imperative public necessity that the
10-9 constitutional rule requiring bills to be read on three several
10-10 days in each house be suspended, and this rule is hereby suspended.
S.B. No. 138
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 138 passed the Senate on
March 15, 1999, by the following vote: Yeas 30, Nays 0;
May 21, 1999, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 24, 1999, House
granted request of the Senate; May 30, 1999, Senate adopted
Conference Committee Report by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 138 passed the House, with
amendments, on May 19, 1999, by a non-record vote; May 24, 1999,
House granted request of the Senate for appointment of Conference
Committee; May 30, 1999, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor