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A BILL TO BE ENTITLED
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AN ACT
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relating to discrimination against or burdening certain |
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constitutional rights of an applicant for or holder of a license to |
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practice law in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 81, Government Code, is |
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amended by adding Section 81.02401 to read as follows: |
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Sec. 81.02401. CERTAIN PROHIBITED RULES, POLICIES, AND |
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PENALTIES; ADMINISTRATIVE OR INJUNCTIVE RELIEF. (a) A rule or |
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policy adopted or a penalty imposed under this chapter may not: |
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(1) limit an applicant's ability to obtain a license to |
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practice law in this state, or a state bar member's ability to |
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maintain or renew the license, based on a sincerely held religious |
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belief of the applicant or state bar member; or |
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(2) burden an applicant's or state bar member's: |
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(A) free exercise of religion, regardless of |
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whether the burden is the result of a rule or policy generally |
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applicable to all applicants or state bar members; |
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(B) freedom of speech or expression that is |
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protected by the United States or Texas Constitution, including |
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speech regarding a sincerely held religious belief, a political |
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ideology, or a societal view, and of expressive conduct; |
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(C) membership in any religious organization; or |
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(D) freedom of association. |
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(b) Subsection (a) does not apply to a state bar rule or |
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policy adopted or penalty imposed under this chapter that results |
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in a limitation or burden described by Subsection (a) if the rule, |
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policy, or penalty: |
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(1) is essential to enforcing a compelling |
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governmental purpose and narrowly tailored to accomplish that |
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purpose; or |
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(2) restricts wilful expressions of bias or prejudice |
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in connection with an adjudicatory proceeding. |
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(c) A person may assert that a state bar rule or policy |
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adopted or penalty imposed under this chapter violates Subsection |
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(a) as a defense in an administrative hearing or as a claim or |
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defense in a judicial proceeding under Chapter 37, Civil Practice |
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and Remedies Code, except that the person may not assert the |
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violation as a defense to: |
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(1) an allegation of sexual misconduct; or |
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(2) prosecution of an offense. |
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(d) A person may bring an action for injunctive relief for a |
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violation of Subsection (a). |
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SECTION 2. 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, 2023. |