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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. 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 OCCUPATIONAL LICENSING RULES OR |
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POLICIES PROHIBITED. (a) A state agency that issues a license or |
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otherwise regulates a business, occupation, or profession may not |
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adopt any rule, regulation, or policy or impose a penalty that: |
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(1) limits an applicant's ability to obtain, maintain, |
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or renew a license based on a sincerely held religious belief of the |
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applicant; or |
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(2) burdens an applicant's or 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 applicants or 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 the licensing or |
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regulation of a first responder, as defined by Section 421.095, |
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Government Code. |
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(c) Subsection (a) does not prohibit a state agency from |
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taking any action to ensure that the standard of care or practice |
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for the applicable business, occupation, or profession is |
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satisfied. |
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(d) This section may not be construed to: |
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(1) authorize an applicant or license holder to not |
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pay a license issuance or renewal fee; |
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(2) authorize a license holder to refuse to provide a |
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medical service within the scope of the person's license that is |
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necessary to prevent death or imminent serious bodily injury; or |
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(3) limit any right, privilege, or protection granted |
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to any person under the constitution and laws of this state and the |
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United States. |
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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, except that the person may not assert the violation as a |
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defense to: |
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(1) an allegation of sexual misconduct; or |
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(2) prosecution of an offense. |
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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 2. 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, 2019. |