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A BILL TO BE ENTITLED
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AN ACT
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relating to 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 Practices 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 the 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. Amend Section 110.002, Civil Practices and |
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Remedies Code, to read as follows: |
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Sec. 110.002. APPLICATION. (a) This chapter applies to any |
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ordinance, rule, order, decision, practice, or other exercise of |
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governmental authority. |
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(b) This chapter applies to an act of a government agency, |
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in the exercise of governmental authority, granting or refusing to |
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grant a government benefit to an individual. |
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(c) This chapter applies to each law of this state unless |
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the law is expressly made exempt from the application of this |
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chapter by reference to this chapter. |
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(d) For purposes of a disaster as defined by Sec. 418.004, |
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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. Amend Chapter 110, Civil Practices and Remedies |
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Code, by adding Section 110.0031 to read as follows: |
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Sec. 110.0031. PROHIBITION ON CLOSING PLACES OF WORSHIP. A |
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government agency or public official may not issue an order that |
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closes or has the effect of closing places of worship in the state |
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or in a geographic area of the state. |
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SECTION 4. Amend Sec. 110.004, Civil Practices and Remedies |
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Code, 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 and 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 Practices and Remedies Code, |
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as added by this Act, applies only to a claim that accrues on or |
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after the effective date of this Act. A claim that accrued before |
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the effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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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. |