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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of recusal from the performance of certain |
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marriage ceremonies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 2, Family Code, is amended |
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by adding Section 2.603 to read as follows: |
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Sec. 2.603. RECUSAL FROM PERFORMANCE OF CERTAIN MARRIAGE |
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CEREMONIES; LIMITED LIABILITY. (a) A person authorized to conduct |
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a marriage ceremony under Section 2.202 may recuse himself or |
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herself from performing the ceremony based on the person's |
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sincerely held religious belief. |
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(b) A person who declines to perform a marriage ceremony |
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under Subsection (a) may assert that a law, policy, or adverse |
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action of this state violates that subsection as a defense in an |
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administrative hearing or a criminal action or as a claim or defense |
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in a civil action. |
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(c) A person described by Subsection (a) is not liable in a |
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civil action for any damages arising from the person's recusal |
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under that subsection. |
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(d) This section may not be construed to limit any other |
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right, privilege, or protection afforded to an individual under the |
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laws of the United States and this state. |
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SECTION 2. Section 2.205, Family Code, is amended by adding |
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Subsection (c) to read as follows: |
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(c) This section does not prohibit a person from recusing |
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himself or herself from conducting a marriage ceremony under |
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Section 2.603. |
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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, 2019. |