By: Birdwell S.B. No. 1009
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the right of recusal from the performance of certain
  marriage ceremonies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter G, Chapter 2, Family Code, is amended
  by adding Section 2.603 to read as follows:
         Sec. 2.603.  RECUSAL FROM PERFORMANCE OF CERTAIN MARRIAGE
  CEREMONIES; LIMITED LIABILITY.  (a)  A person authorized to conduct
  a marriage ceremony under Section 2.202 may recuse himself or
  herself from performing the ceremony based on the person's
  sincerely held religious belief.
         (b)  A person who declines to perform a marriage ceremony
  under Subsection (a) may assert that a law, policy, or adverse
  action of this state violates that subsection as a defense in an
  administrative hearing or a criminal action or as a claim or defense
  in a civil action.
         (c)  A person described by Subsection (a) is not liable in a
  civil action for any damages arising from the person's recusal
  under that subsection.
         (d)  This section may not be construed to limit any other
  right, privilege, or protection afforded to an individual under the
  laws of the United States and this state.
         SECTION 2.  Section 2.205, Family Code, is amended by adding
  Subsection (c) to read as follows:
         (c)  This section does not prohibit a person from recusing
  himself or herself from conducting a marriage ceremony under
  Section 2.603.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.