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A BILL TO BE ENTITLED
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AN ACT
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relating to discrimination by a state agency against an applicant |
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for or holder of an occupational license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds that: |
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(1) as of January 1, 2017: |
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(A) there are over 65 professions for which the |
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state requires a person to obtain an occupational license; |
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(B) over one-third of the members of the house of |
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representatives hold occupational licenses; and |
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(C) over one-half of the members of the senate |
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hold occupational licenses; |
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(2) a significant portion of professions in this state |
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require an occupational license; |
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(3) the state maintains stringent standards for |
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obtaining an occupational license; |
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(4) professions requiring an occupational license |
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represent a vibrant and diverse sector of the state's economy; |
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(5) the due course of the law protection of Section 19, |
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Article I, Texas Constitution, prohibits the state from imposing |
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unreasonably burdensome economic regulations; and |
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(6) the state has a compelling or important |
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governmental interest in protecting occupational license holders |
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from discrimination based on a sincerely held religious belief by |
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the government in the regulation of the profession for which the |
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license is required. |
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SECTION 2. Chapter 57, Occupations Code, is amended by |
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adding Sections 57.003 and 57.004 to read as follows: |
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Sec. 57.003. CERTAIN RULES OR POLICIES PROHIBITED. (a) A |
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state agency that issues a license or otherwise regulates a |
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business, occupation, or profession may not adopt any rule, |
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regulation, or policy or impose a penalty that: |
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(1) limits an applicant's ability to obtain a license |
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based on a sincerely held religious belief of the applicant; or |
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(2) burdens a license holder's: |
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(A) free exercise of religion, regardless of |
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whether the burden is the result of a rule generally applicable to |
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all license holders; |
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(B) freedom of speech regarding a sincerely held |
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religious belief; or |
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(C) membership in any religious organization. |
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(b) Subsection (a) does not apply to a rule, regulation, or |
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policy adopted or a penalty imposed by a state agency that results |
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in a limitation or burden described by Subsection (a) if the rule, |
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regulation, policy, or penalty is: |
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(1) essential to enforcing a compelling governmental |
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purpose; and |
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(2) narrowly tailored to accomplish that purpose. |
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Sec. 57.004. ADMINISTRATIVE OR JUDICIAL RELIEF. (a) A |
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person may assert that a state agency rule, regulation, or policy, |
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or a penalty imposed by the agency, violates Section 57.003 as a |
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defense in an administrative hearing or as a claim or defense in a |
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judicial proceeding under Chapter 37, Civil Practice and Remedies |
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Code. |
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(b) A person may bring an action for injunctive relief |
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against a violation of Section 57.003. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |