By Sibley, et al. S.B. No. 138
76R3849 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to government restrictions on the exercise of religion.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 5, Civil Practice and Remedies Code, is
1-5 amended by adding Chapter 110 to read as follows:
1-6 CHAPTER 110. RELIGIOUS FREEDOM
1-7 Sec. 110.001. DEFINITIONS. In this chapter:
1-8 (1) "Free exercise of religion" means the ability to
1-9 act or to refuse to act in a manner substantially motivated by
1-10 religious belief, without regard to whether the particular act or
1-11 refusal to act is motivated by:
1-12 (A) a central part or requirement of the larger
1-13 system of the person's religious belief; or
1-14 (B) any other part of the larger system of the
1-15 person's religious belief.
1-16 (2) "Government agency" means:
1-17 (A) this state or a municipality or other
1-18 political subdivision of this state; and
1-19 (B) any agency of this state or a municipality
1-20 or other political subdivision of this state, including a
1-21 department, bureau, board, commission, office, agency, council, or
1-22 public institution of higher education.
1-23 Sec. 110.002. APPLICATION. (a) This chapter applies to any
1-24 ordinance, rule, order, decision, practice, or other exercise of
2-1 governmental authority.
2-2 (b) This chapter applies to an act of a government agency,
2-3 in the exercise of governmental authority, granting or refusing to
2-4 grant a government benefit to an individual.
2-5 (c) This chapter applies to each law of this state unless
2-6 the law is expressly made exempt from the application of this
2-7 chapter by reference to this chapter.
2-8 Sec. 110.003. RELIGIOUS FREEDOM PROTECTED. (a) Subject to
2-9 Subsection (b), a government agency may not substantially burden a
2-10 person's free exercise of religion.
2-11 (b) Subsection (a) does not apply if the government agency
2-12 demonstrates that the application of the burden to the person:
2-13 (1) is in furtherance of a compelling governmental
2-14 interest; and
2-15 (2) is the least restrictive means of furthering that
2-16 interest.
2-17 (c) A government agency that makes the demonstration
2-18 required by Subsection (b) is not required to separately prove that
2-19 the remedy and penalty provisions of the law, ordinance, rule,
2-20 order, decision, practice, or other exercise of governmental
2-21 authority that imposes the substantial burden are the least
2-22 restrictive means to ensure compliance or to punish the failure to
2-23 comply.
2-24 Sec. 110.004. DEFENSE. A person whose free exercise of
2-25 religion has been substantially burdened in violation of Section
2-26 110.003 may assert that violation as a defense in a judicial or
2-27 administrative proceeding without regard to whether the proceeding
3-1 is brought in the name of the state or by any other person.
3-2 Sec. 110.005. REMEDIES. (a) A court that finds in a civil
3-3 action that a government agency has violated or is threatening to
3-4 violate this chapter may:
3-5 (1) provide declaratory relief under Chapter 37;
3-6 (2) enjoin the agency from the threatened violation or
3-7 continued violation; and
3-8 (3) award damages to a claimant who has been injured
3-9 by the violation.
3-10 (b) This chapter does not affect the application of Section
3-11 498.0045 or 501.008, Government Code, or Chapter 14 of this code.
3-12 Sec. 110.006. SOVEREIGN IMMUNITY WAIVED. Sovereign immunity
3-13 to suit and from liability is waived and abolished to the extent of
3-14 liability created by Section 110.005, and a claimant may sue a
3-15 government agency for damages allowed by that section.
3-16 Sec. 110.007. EFFECT ON RIGHTS. (a) This chapter does not
3-17 authorize a government agency to burden a person's free exercise of
3-18 religion.
3-19 (b) The protection of religious freedom afforded by this
3-20 chapter is in addition to the protections provided under federal
3-21 law and the constitutions of this state and the United States.
3-22 This chapter may not be construed to affect or interpret Section 4,
3-23 5, or 6, Article I, Texas Constitution.
3-24 Sec. 110.008. GRANT TO RELIGIOUS ORGANIZATION NOT AFFECTED.
3-25 Notwithstanding Section 110.002(b), this chapter does not affect
3-26 the grant or denial of an appropriation or other grant of money or
3-27 support to a religious organization.
4-1 SECTION 2. (a) Except as provided by Subsection (b) of this
4-2 section, this Act applies to a law of this state and to any
4-3 ordinance, rule, order, decision, practice, or other exercise of
4-4 governmental authority, without regard to whether the law,
4-5 ordinance, rule, order, decision, practice, or other exercise of
4-6 governmental authority was enacted, adopted, or taken before, on,
4-7 or after the effective date of this Act.
4-8 (b) A court may not award damages to a claimant who has been
4-9 injured by a violation of Chapter 110, Civil Practice and Remedies
4-10 Code, as added by this Act, to the extent that those damages were
4-11 incurred before January 1, 2000.
4-12 SECTION 3. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended,
4-17 and that this Act take effect and be in force from and after its
4-18 passage, and it is so enacted.