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A BILL TO BE ENTITLED
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AN ACT
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relating to the availability of certain remedies for the burdening |
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by a government agency of a person's free exercise of religion. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 110.005(c), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(c) An action under this section must be brought in a state |
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or federal district court. |
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SECTION 2. Section 110.008, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 110.008. SOVEREIGN IMMUNITY WAIVED. (a) Subject to |
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Section 110.006 and except as provided by Subsection (b), sovereign |
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immunity to suit and from liability is waived and abolished in state |
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and federal court to the extent of liability created by Section |
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110.005, and a claimant may sue a government agency for damages |
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allowed by that section. |
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(b) Notwithstanding Subsection (a), this chapter does not |
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waive or abolish sovereign immunity to suit and from liability |
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under the Eleventh Amendment to the United States Constitution, |
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which prohibits the citizens of another state or the citizens or |
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subjects of a foreign state from suing this state or any arm of this |
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state in federal court. |
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SECTION 3. Chapter 110, Civil Practice and Remedies Code, |
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is amended by adding Section 110.013 to read as follows: |
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Sec. 110.013. LAWS REGULATING OR RESTRICTING ABORTION NOT |
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AFFECTED. Nothing in this chapter may be construed to limit the |
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enforcement of any law regulating or restricting abortion or any |
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law that withholds taxpayer funds from entities that perform or |
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promote abortions. |
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SECTION 4. This Act takes effect September 1, 2021. |