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A BILL TO BE ENTITLED
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AN ACT
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relating to protecting freedom of conscience from government |
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discrimination for businesses and other persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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amended by adding Chapter 110A to read as follows: |
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CHAPTER 110A. FREEDOM OF CONSCIENCE |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 110A.001. DEFINITIONS. In this chapter: |
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(1) "Discriminatory action" means any action taken by |
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a governmental entity to: |
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(A) withhold, reduce, exclude, terminate, |
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materially alter the terms or conditions of, or otherwise make |
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unavailable or deny any grant, contract, subcontract, cooperative |
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agreement, guarantee, loan, license, certification, recognition, |
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or other similar benefit, position, or status from or to a person; |
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(B) withhold, reduce, exclude, terminate, |
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materially alter the terms or conditions of, or otherwise make |
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unavailable or deny an entitlement or benefit provided under a |
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state benefit program from or to a person; |
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(C) alter in any way the tax treatment of, cause |
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any tax, penalty, or payment assessment against, or deny, delay, |
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revoke, or otherwise make unavailable a tax exemption of a person; |
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(D) disallow, deny, or otherwise make |
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unavailable a tax deduction for any charitable contribution made to |
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or by a person; or |
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(E) impose, levy, or assess a monetary fine, fee, |
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penalty, or injunction against a person. |
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(2) "Governmental entity" means: |
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(A) this state; |
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(B) a board, bureau, commission, council, |
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department, or other agency of this state; |
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(C) the Texas Supreme Court, the Texas Court of |
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Criminal Appeals, a state judicial agency, the State Bar of Texas, |
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or a court in this state; |
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(D) a political subdivision of this state, |
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including a county, municipality, or special district or authority; |
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(E) an officer, employee, or agent of an entity |
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described by Paragraphs (A)-(D); or |
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(F) a private person suing under or attempting to |
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enforce a law, rule, order, or ordinance adopted by an entity |
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described by Paragraphs (A)-(D). |
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(3) "Person" has the meaning assigned by Section |
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311.005, Government Code. |
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Sec. 110A.002. SINCERELY HELD RELIGIOUS BELIEF OR MORAL |
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CONVICTION. The sincerely held religious belief or moral |
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conviction protected by this chapter is the belief or conviction |
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that marriage is or should be recognized as the union of one man and |
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one woman. |
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Sec. 110A.003. CONSTRUCTION OF CHAPTER. (a) This chapter |
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shall be construed in favor of a broad protection of the free |
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exercise of religious belief and moral conviction to the maximum |
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extent allowed by this chapter and the state and federal |
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constitutions. |
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(b) The protections of free exercise of religious belief and |
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moral conviction afforded by this chapter are in addition to the |
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protections provided under federal or state law and the state and |
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federal constitutions. |
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(c) This chapter may not be construed to preempt or repeal a |
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state or local law that is equally or more protective of the free |
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exercise of religious belief or moral conviction or to narrow the |
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meaning or application of a state or local law protecting the free |
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exercise of religious belief or moral conviction. |
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(d) This chapter may not be construed to prevent a |
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governmental entity from providing, either directly or through a |
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person who is not seeking protection under this chapter, any |
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benefit or service authorized under state law. |
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(e) This chapter applies to and in case of conflict |
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supersedes each statute of this state that impinges on the free |
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exercise of religious belief or moral conviction protected by this |
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chapter. This chapter also applies to and in case of conflict |
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supersedes an ordinance, rule, regulation, order, opinion, |
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decision, practice, or other exercise of a governmental entity's |
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authority that impinges on the free exercise of religious belief or |
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moral conviction protected by this chapter. |
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Sec. 110A.004. APPLICABILITY. This chapter is excluded |
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from the application of Chapter 110. |
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SUBCHAPTER B. CERTAIN DISCRIMINATORY ACTION BY GOVERNMENTAL ENTITY |
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PROHIBITED |
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Sec. 110A.051. MARRIAGE-RELATED GOODS AND SERVICES. A |
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governmental entity may not take any discriminatory action against |
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a person wholly or partly because the person, based on or in a |
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manner consistent with a sincerely held religious belief or moral |
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conviction protected by this chapter, has provided or declined to |
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provide the following for a purpose related to the solemnization, |
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formation, celebration, or recognition of a marriage: |
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(1) photography, poetry, videography, disc jockey |
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services, wedding planning, printing, publishing, or similar |
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marriage-related goods or services; or |
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(2) floral arrangements, dressmaking, cake or pastry |
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artistry, assembly hall or other wedding venue rentals, or similar |
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marriage-related services, accommodations, facilities, goods, or |
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privileges. |
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SUBCHAPTER C. PROCEDURES |
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Sec. 110A.101. SOVEREIGN IMMUNITY WAIVED. Sovereign |
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immunity to suit and from liability is waived and abolished to the |
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extent of liability created by Section 110A.103. A person may sue a |
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governmental entity for damages allowed by that section. |
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Sec. 110A.102. CLAIM OR DEFENSE BASED ON DISCRIMINATORY |
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ACTION. (a) A person may assert a violation of Subchapter B as a |
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claim against a governmental entity in a judicial or administrative |
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proceeding or as a defense in a judicial or administrative |
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proceeding without regard to whether the proceeding is brought by |
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or in the name of the governmental entity, a private person, or |
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another party. |
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(b) An action under this chapter may be commenced, and |
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relief may be granted, in a court of this state without regard to |
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whether the person commencing the action has sought or exhausted |
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available administrative remedies. |
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Sec. 110A.103. INJUNCTIVE RELIEF; DAMAGES. (a) An |
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aggrieved person must first seek injunctive relief to prevent or |
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remedy a violation of this chapter or the effects of a violation of |
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this chapter. |
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(b) Subject to Subsections (c) and (d), if a court has |
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granted injunctive relief and the injunction is violated, only then |
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may the aggrieved person seek: |
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(1) compensatory damages for pecuniary and |
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nonpecuniary losses; |
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(2) reasonable attorney's fees and court costs; and |
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(3) any other appropriate relief. |
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(c) Only declaratory relief and injunctive relief are |
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available against a private person not acting under the authority |
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of a governmental entity on a successful assertion of a claim or |
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defense under this chapter. |
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(d) Liability of a governmental entity for compensatory |
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damages under Subsection (b)(1) may not exceed $500,000 for all |
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claims arising out of a single occurrence. A person is not entitled |
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to recover exemplary damages or prejudgment interest under this |
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chapter. |
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Sec. 110A.104. TWO-YEAR LIMITATIONS PERIOD. A person must |
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bring an action to assert a claim under this chapter not later than |
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two years after the date the person knew or should have known that a |
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discriminatory action was taken against that person. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law applicable to the cause of action |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |