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