| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain actions by a state agency that burden certain |
|
|
constitutional rights of an applicant for or holder of an |
|
|
occupational license. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 57, Occupations Code, is amended by |
|
|
adding Subchapter D to read as follows: |
|
|
SUBCHAPTER D. STATE AGENCY ACTIONS BURDENING CERTAIN |
|
|
CONSTITUTIONAL RIGHTS |
|
|
Sec. 57.151. PROHIBITION ON CERTAIN STATE AGENCY ACTIONS. |
|
|
(a) Notwithstanding any other law, a state agency may not adopt a |
|
|
rule or take any regulatory or enforcement action that burdens an |
|
|
applicant's or license holder's: |
|
|
(1) free exercise of religion as protected by the |
|
|
United States Constitution or Texas Constitution; or |
|
|
(2) freedom of speech as protected by the United |
|
|
States Constitution or Texas Constitution. |
|
|
(b) Notwithstanding any other law, an act by a license |
|
|
holder in the exercise of a right described by Subsection (a) does |
|
|
not constitute unprofessional conduct by the license holder for |
|
|
purposes of the law regulating the license holder's business, |
|
|
occupation, or profession. |
|
|
(c) On a determination by a state agency that a complaint |
|
|
against a license holder is based on conduct by the license holder |
|
|
in the exercise of a right described by Subsection (a), the state |
|
|
agency shall promptly close any investigation relating to the |
|
|
complaint and dismiss the complaint. |
|
|
Sec. 57.152. COMPLAINTS BASED ON EXERCISE OF CONSTITUTIONAL |
|
|
RIGHTS PROHIBITED. (a) A person may not file a complaint, or aid in |
|
|
the filing of a complaint, with a state agency regarding speech or |
|
|
conduct by a license holder that: |
|
|
(1) is not made or done in the license holder's |
|
|
professional capacity; or |
|
|
(2) involves the license holder's exercise of a right |
|
|
described by Section 57.151(a). |
|
|
(b) If a person who files or aids in the filing of a |
|
|
complaint in violation of Subsection (a) is a license holder, the |
|
|
state agency regulating the license holder may take disciplinary |
|
|
action against the license holder. |
|
|
Sec. 57.153. PRIVATE CAUSE OF ACTION. (a) Not later than |
|
|
the first anniversary of the date an applicant's or license holder's |
|
|
rights were burdened by a state agency in violation of Section |
|
|
57.151, the applicant or license holder may bring an action against |
|
|
the state agency or a member of the governing body of the state |
|
|
agency in the member's official capacity. |
|
|
(b) A prevailing claimant in an action brought under this |
|
|
section is entitled to recover: |
|
|
(1) declaratory relief; |
|
|
(2) injunctive relief; |
|
|
(3) three times the amount of compensatory damages; |
|
|
and |
|
|
(4) court costs and reasonable attorney's fees |
|
|
incurred in bringing the action. |
|
|
(c) A state agency's sovereign immunity to suit and from |
|
|
liability is waived to the extent of liability created by this |
|
|
section. A member of the governing body of a state agency may not |
|
|
assert official immunity in an action brought under this section. |
|
|
SECTION 2. Section 57.153, Occupations Code, as added by |
|
|
this Act, applies only to a cause of action that accrues on or after |
|
|
the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2025. |