By: Sanford, et al. (Senate Sponsor - Paxton) H.B. No. 1239
         (In the Senate - Received from the House April 12, 2021;
  May 4, 2021, read first time and referred to Committee on State
  Affairs; May 10, 2021, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 7, Nays 0;
  May 10, 2021, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1239 By:  Campbell
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the 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 Practice 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 this state or any political
  subdivision, board, commission, bureau, or other public body
  established by law.
         SECTION 2.  Section 110.002, Civil Practice and Remedies
  Code, is amended by adding Subsection (d) to read as follows:
         (d)  For purposes of a state of disaster declared under
  Chapter 418, Government Code:
               (1)  this chapter is not considered a regulatory
  statute; and
               (2)  a provision of this chapter may not be suspended.
         SECTION 3.  Chapter 110, Civil Practice and Remedies Code,
  is amended by adding Section 110.0031 to read as follows:
         Sec. 110.0031.  PROHIBITION ON ORDERS 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
  this state or in a geographic area of this state.
         SECTION 4.  Section 110.004, Civil Practice and Remedies
  Code, is amended 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 or 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 Practice and Remedies Code,
  as amended by this Act, applies only to a claim or defense that
  accrues on or after the effective date of this Act.  A claim or
  defense 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.
 
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