Amend CSSB 9 (senate committee printing) in SECTION 1 of the bill, in added Section 370.0031, Local Government Code (page 2, between lines 49 and 50), by inserting the following:

(i) In a trial under this section:

(1) the entity described by Subsection (a) subject to the action has a right to trial by jury; and

(2) the court or jury, as appropriate, shall determine by a preponderance of the evidence whether the entity has adopted and maintains in effect a rule, order, ordinance, or policy under which the entity prohibits the enforcement of the laws of this state or federal laws relating to Subsection (c) or, by consistent actions, prohibits the enforcement of the laws of this state or federal laws relating to Subsection (c).