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