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AN ACT
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relating to the prohibited suspension of laws protecting religious |
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freedom and prohibited closure of places of worship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 110.001(a), Civil Practice and Remedies |
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Code, is amended by adding Subdivisions (3) and (4) to read as |
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follows: |
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(3) "Place of worship" means a building or grounds |
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where religious activities are conducted. |
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(4) "Public official" means any elected or appointed |
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officer, employee, or agent of this state or any political |
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subdivision, board, commission, bureau, or other public body |
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established by law. |
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SECTION 2. Section 110.002, Civil Practice and Remedies |
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Code, is amended by adding Subsection (d) to read as follows: |
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(d) For purposes of a state of disaster declared under |
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Chapter 418, Government Code: |
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(1) this chapter is not considered a regulatory |
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statute; and |
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(2) a provision of this chapter may not be suspended. |
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SECTION 3. Chapter 110, Civil Practice and Remedies Code, |
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is amended by adding Section 110.0031 to read as follows: |
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Sec. 110.0031. PROHIBITION ON ORDERS CLOSING PLACES OF |
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WORSHIP. A government agency or public official may not issue an |
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order that closes or has the effect of closing places of worship in |
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this state or in a geographic area of this state. |
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SECTION 4. Section 110.004, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 110.004. DEFENSE. A person whose free exercise of |
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religion has been substantially burdened in violation of Section |
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110.003 or 110.0031 may assert that violation as a defense in a |
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judicial or administrative proceeding without regard to whether the |
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proceeding is brought in the name of the state or by any other |
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person. |
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SECTION 5. Chapter 110, Civil Practice and Remedies Code, |
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as amended by this Act, applies only to a claim or defense that |
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accrues on or after the effective date of this Act. A claim or |
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defense that accrued before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 6. 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, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1239 was passed by the House on April |
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9, 2021, by the following vote: Yeas 122, Nays 22, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1239 on May 28, 2021, by the following vote: Yeas 113, Nays 30, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1239 was passed by the Senate, with |
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amendments, on May 21, 2021, by the following vote: Yeas 28, Nays |
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3. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |