1-1     By:  Sibley, et al.                                    S.B. No. 138
 1-2           (In the Senate - Filed January 11, 1999; January 28, 1999,
 1-3     read first time and referred to Committee on State Affairs;
 1-4     March 1, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; March 1, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 138                By:  Shapleigh
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to government restrictions on the exercise of religion.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Title 5, Civil Practice and Remedies Code, is
1-13     amended by adding Chapter 110 to read as follows:
1-14                       CHAPTER 110.  RELIGIOUS FREEDOM
1-15           Sec. 110.001.  PURPOSE.  The purpose of this chapter is to
1-16     codify the compelling interest test as set forth in Sherbert v.
1-17     Verner, 374 U.S. 398 (1963), and Wisconsin v. Yoder, 406 U.S. 205
1-18     (1972), as a statutory claim or defense and to guarantee its
1-19     application in all cases where the free exercise of religion is
1-20     substantially burdened.
1-21           Sec. 110.002.  DEFINITIONS.  In this chapter:
1-22                 (1)  "Free exercise of religion" means an act or
1-23     refusal to act that is substantially motivated by sincere religious
1-24     belief, without regard to whether the particular act or refusal to
1-25     act is motivated by:
1-26                       (A)  a central part or requirement of the larger
1-27     system of the person's sincere religious belief; or
1-28                       (B)  any other part of the larger system of the
1-29     person's sincere religious belief.
1-30                 (2)  "Government agency" means:
1-31                       (A)  this state or a municipality or other
1-32     political subdivision of this state; and
1-33                       (B)  any agency of this state or a municipality
1-34     or other political subdivision of this state, including a
1-35     department, bureau, board, commission, office, agency, council, or
1-36     public institution of higher education.
1-37           Sec. 110.003.  APPLICATION.  (a)  This chapter applies to any
1-38     ordinance, rule, order, decision, practice, or other exercise of
1-39     governmental authority.
1-40           (b)  This chapter applies to an act of a government agency,
1-41     in the exercise of governmental authority, granting or refusing to
1-42     grant a government benefit to an individual.
1-43           (c)  This chapter applies to each law of this state unless
1-44     the law is expressly made exempt from the application of this
1-45     chapter by reference to this chapter.
1-46           Sec. 110.004.  RELIGIOUS FREEDOM PROTECTED.  (a)  Subject to
1-47     Subsection (b), a government agency may not substantially burden a
1-48     person's free exercise of religion.
1-49           (b)  Subsection (a) does not apply if the government agency
1-50     demonstrates that the application of the burden to the person:
1-51                 (1)  is in furtherance of a compelling governmental
1-52     interest; and
1-53                 (2)  is the least restrictive means of furthering that
1-54     interest.
1-55           (c)  A government agency that makes the demonstration
1-56     required by Subsection (b) is not required to separately prove that
1-57     the remedy and penalty provisions of the law, ordinance, rule,
1-58     order, decision, practice, or other exercise of governmental
1-59     authority that imposes the substantial burden are the least
1-60     restrictive means to ensure compliance or to punish the failure to
1-61     comply.
1-62           Sec. 110.005.  DEFENSE.  A person whose free exercise of
1-63     religion has been substantially burdened in violation of Section
1-64     110.004 may assert that violation as a defense in a judicial or
 2-1     administrative proceeding without regard to whether the proceeding
 2-2     is brought in the name of the state or by any other person.
 2-3           Sec. 110.006.  REMEDIES.  (a)  Any person, other than a
 2-4     government agency, who successfully asserts a claim or defense
 2-5     under this chapter is entitled to recover:
 2-6                 (1)  declaratory relief under Chapter 37;
 2-7                 (2)  injunctive relief to prevent the threatened
 2-8     violation or continued violation;
 2-9                 (3)  compensatory damages for pecuniary and
2-10     nonpecuniary losses not to exceed $1,000; and
2-11                 (4)  reasonable attorney's fees, court costs, and other
2-12     reasonable expenses incurred in bringing the action.
2-13           (b)  This chapter does not affect the application of Section
2-14     498.0045 or 501.008, Government Code, or Chapter 14 of this code.
2-15           Sec. 110.007.  SOVEREIGN IMMUNITY WAIVED.  Sovereign immunity
2-16     to suit and from liability is waived and abolished to the extent of
2-17     liability created by Section 110.006, and a claimant may sue a
2-18     government agency for damages allowed by that section.
2-19           Sec. 110.008.  EFFECT ON RIGHTS.  (a)  This chapter does not
2-20     authorize a government agency to burden a person's free exercise of
2-21     religion.
2-22           (b)  The protection of religious freedom afforded by this
2-23     chapter is in addition to the protections provided under federal
2-24     law and the constitutions of this state and the United States.
2-25     This chapter may not be construed to affect or interpret Section 4,
2-26     5, 6, or 7, Article I, Texas Constitution.
2-27           Sec. 110.009.  GRANT TO RELIGIOUS ORGANIZATION NOT AFFECTED.
2-28     Notwithstanding Section 110.003(b), this chapter does not affect
2-29     the grant or denial of an appropriation or other grant of money or
2-30     benefits to a religious organization, nor does it affect the grant
2-31     or denial of a tax exemption to a religious organization.
2-32           SECTION 2.  (a)  Except as provided by Subsection (b) of this
2-33     section, this Act applies to a law of this state and to any
2-34     ordinance, rule, order, decision, practice, or other exercise of
2-35     governmental authority, without regard to whether the law,
2-36     ordinance, rule, order, decision, practice, or other exercise of
2-37     governmental authority was enacted, adopted, or taken before, on,
2-38     or after the effective date of this Act.
2-39           (b)  A court may not award damages to a claimant who has been
2-40     injured by a violation of Chapter 110, Civil Practice and Remedies
2-41     Code, as added by this Act, to the extent that those damages were
2-42     incurred before January 1, 2000.
2-43           SECTION 3.  The importance of this legislation and the
2-44     crowded condition of the calendars in both houses create an
2-45     emergency and an imperative public necessity that the
2-46     constitutional rule requiring bills to be read on three several
2-47     days in each house be suspended, and this rule is hereby suspended,
2-48     and that this Act take effect and be in force from and after its
2-49     passage, and it is so enacted.
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