By: Sanford H.B. No. 1239
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibited suspension of laws protecting religious
  freedom and prohibited closure of places of worship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 110.001(a), Civil Practices and Remedies
  Code, is amended by adding Subdivisions (3) and (4) to read as
  follows:
               (3)  "Place of worship" means a building or grounds
  where religious activities are conducted.
               (4)  "Public official" means any elected or appointed
  officer, employee, or agent of the state or any political
  subdivision, board, commission, bureau, or other public body
  established by law.
         SECTION 2.  Amend Section 110.002, Civil Practices and
  Remedies Code, to read as follows:
         Sec. 110.002.  APPLICATION. (a) This chapter applies to any
  ordinance, rule, order, decision, practice, or other exercise of
  governmental authority.
         (b)  This chapter applies to an act of a government agency,
  in the exercise of governmental authority, granting or refusing to
  grant a government benefit to an individual.
         (c)  This chapter applies to each law of this state unless
  the law is expressly made exempt from the application of this
  chapter by reference to this chapter.
         (d)  For purposes of a disaster as defined by Sec. 418.004,
  Government Code:
               (1)  this chapter is not considered a regulatory
  statute; and
               (2)  a provision of this chapter may not be suspended.
         SECTION 3.  Amend Chapter 110, Civil Practices and Remedies
  Code, by adding Section 110.0031 to read as follows:
         Sec. 110.0031.  PROHIBITION ON CLOSING PLACES OF WORSHIP. A
  government agency or public official may not issue an order that
  closes or has the effect of closing places of worship in the state
  or in a geographic area of the state.
         SECTION 4.  Amend Sec. 110.004, Civil Practices and Remedies
  Code, to read as follows:
         Sec. 110.004.  DEFENSE. A person whose free exercise of
  religion has been substantially burdened in violation of Section
  110.003 and 110.0031 may assert that violation as a defense in a
  judicial or administrative proceeding without regard to whether the
  proceeding is brought in the name of the state or by any other
  person.
         SECTION 5.  Chapter 110, Civil Practices and Remedies Code,
  as added by this Act, applies only to a claim that accrues on or
  after the effective date of this Act. A claim that accrued before
  the effective date of this Act is governed by the law in effect
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         SECTION 6.  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, 2021.