By:  Sibley                                           S.R. No. 1169
                                  SENATE RESOLUTION
 1-1           BE IT RESOLVED by the Senate of the State of Texas, 76th
 1-2     Legislature, Regular Session, 1999, That Senate Rule 12.03 be
 1-3     suspended in part as provided by Senate Rule 12.08 to enable the
 1-4     conference committee appointed to resolve the differences on S. B.
 1-5     No. 138, relating to government restrictions on the exercise of
 1-6     religion, to consider and take action on the following matter:
 1-7           Senate Rules 12.03(1), (2), and (3) are suspended to permit
 1-8     the committee to omit text relating to a presumption established by
 1-9     certain ordinances, rules, orders, decisions, or practices, and
1-10     substitute the following new SECTION, appropriately numbered:
1-11           SECTION 2.  Subchapter G, Chapter 61, Human Resources Code,
1-12     is amended by adding Section 61.097 to read as follows:
1-13           Sec. 61.097.  APPLICATION OF LAW RELATING TO FREE EXERCISE OF
1-14     RELIGION.  For purposes of Chapter 110, Civil Practice and Remedies
1-15     Code, an ordinance, rule, order, decision, or practice that applies
1-16     to a person in the custody of a juvenile detention facility or
1-17     other correctional facility operated by or under a contract with
1-18     the commission, a county, or a juvenile probation department is
1-19     presumed to be in furtherance of a compelling governmental interest
1-20     and the least restrictive means of furthering that interest.  The
1-21     presumption may be rebutted.
1-22           SECTION 3. Chapter 76, Government Code, is amended by adding
1-23     Section 76.018 to read as follows:
1-24           Sec. 76.018.  APPLICATION OF LAW RELATING TO FREE EXERCISE OF
 2-1     RELIGION.  For purposes of Chapter 110, Civil Practice and Remedies
 2-2     Code, an ordinance, rule, order, decision, or practice that applies
 2-3     to a person in the custody of a correctional facility operated by
 2-4     or under a contract with a community supervision and corrections
 2-5     department is presumed to be in furtherance of a compelling
 2-6     governmental interest and the least restrictive means of furthering
 2-7     that interest.  The presumption may be rebutted.
 2-8           SECTION 4.  Chapter 493, Government Code, is amended by
 2-9     adding Section 493.023 to read as follows:
2-10           Sec. 493.023.  APPLICATION OF LAW RELATING TO FREE EXERCISE
2-11     OF RELIGION.  For purposes of Chapter 110, Civil Practice and
2-12     Remedies Code, an ordinance, rule, order, decision, or practice
2-13     that applies to a person in the custody of a jail or other
2-14     correctional facility operated by or under a contract with the
2-15     department is presumed to be in furtherance of a compelling
2-16     governmental interest and the least restrictive means of furthering
2-17     that interest.  The presumption may be rebutted.
2-18           SECTION 5.  Chapter 361, Local Government Code, is amended by
2-19     adding Subchapter G to read as follows:
2-20                      SUBCHAPTER G.  RELIGIOUS FREEDOM
2-21           Sec. 361.101.  APPLICATION OF LAW RELATING TO FREE EXERCISE
2-22     OF RELIGION.  For purposes of Chapter 110, Civil Practice and
2-23     Remedies Code, an ordinance, rule, order, decision, or practice
2-24     that applies to a person in the custody of a municipal or county
2-25     jail or other correctional facility operated by or under a contract
2-26     with a county or municipality is presumed to be in furtherance of a
 3-1     compelling governmental interest and the least restrictive means of
 3-2     furthering that interest.  The presumption may be rebutted.
 3-3           Explanation:  This change is necessary to place text relating
 3-4     to certain government agencies in the law relating specifically to
 3-5     those agencies and to clarify the application of the presumption
 3-6     established by the affected text to certain juvenile detention and
 3-7     other correctional facilities.
 3-8                                  ______________________________________
 3-9                                          President of the Senate
3-10                                       I hereby certify that the above
3-11                                  Resolution was adopted by the Senate
3-12                                  on May 29, 1999, by the following
3-13                                  vote:  Yeas 30, Nays 0.
3-14                                  ______________________________________
3-15                                          Secretary of the Senate