By: Middleton S.B. No. 2574

A BILL TO BE ENTITLED

AN ACT

relating to preserving religious liberty from nativist jurisprudence.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act shall be known as the Protection of Religious Liberty from Nativist Jurisprudence Act.

SECTION 2. Title 5, Civil Practice and Remedies Code, is amended by adding Chapter 110A to read as follows:

CHAPTER 110A. PROTECTION OF RELIGIOUS LIBERTY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 110A.001. DEFINITIONS. In this chapter:

(1) "Blaine amendments" means:

(A) Section 7, Article I, Texas Constitution; and

(B) the third sentence of Section 5(c), Article VII, Texas Constitution.

(2) "Governmental officer or employee" means an officer or employee of this state or a political subdivision. The term includes a member of the board of trustees of a school district and a teacher, principal, administrator, or other individual employed by a school district.

SUBCHAPTER B. PROTECTION OF RELIGIOUS LIBERTY

Sec. 110A.051. ENFORCEMENT OF BLAINE AMENDMENTS. A governmental officer or employee may not enforce the Blaine amendments unless the United States Supreme Court overrules Espinoza v. Montana Department of Revenue Espinoza v. Montana Department of Revenue Carson v. Makin

Sec. 110A.052. ENFORCEMENT OF ESTABLISHMENT CLAUSE. Except as provided by Section 110A.053, a governmental officer or employee may not enforce the Establishment Clause of the First Amendment of the United States Constitution against any person other than the federal government, its officers, or its instrumentalities.

Sec. 110A.053. EXCEPTIONS. Notwithstanding Section 110A.052, a governmental officer or employee may enforce the Establishment Clause of the First Amendment of the United States Constitution if necessary to comply with:

(1) a judgment or decree entered by a court against that specific officer or employee, the officer's or employee's superiors, or the entity that employs the officer or employee; or

(2) a directly-on-point ruling from the United States Supreme Court or the United States Court of Appeals for the Fifth Circuit if there are no reasonable grounds for distinguishing that ruling factually or legally from the basis for the officer's or employee's enforcement action.

Sec. 110A.054. REMEDIES. (a) Any person injured or adversely affected by a violation of this chapter has standing to bring and may bring a civil action in any court of this state against any governmental officer or employee who violates this chapter.

(b) On a finding that the defendant has violated or is violating this chapter, the court in an action brought under this section shall award:

(1) declaratory relief;

(2) injunctive relief;

(3) nominal or compensatory damages; and

(4) court costs and reasonable attorney's fees.

(c) Notwithstanding any other law, a person may bring an action under this section not later than the sixth anniversary of the date the cause of action accrues.

(d) Notwithstanding any other law, a defendant in an action brought under this section may not assert and is not entitled to sovereign immunity, governmental immunity, official immunity, or qualified immunity.

Sec. 110A.055. ATTORNEY'S FEES FOR ESTABLISHMENT CLAUSE ENFORCEMENT ACTIONS. (a) Notwithstanding any other law, any person, including an entity, attorney, or law firm, that brings an action to enforce the Blaine amendments or the Establishment Clause of the First Amendment to the United States Constitution against any person in this state in any state or federal court or that represents a litigant seeking such relief in any state or federal court is jointly and severally liable for the court costs and reasonable attorney's fees of the party against whom such relief is sought if that party prevails, including the court costs and reasonable attorney's fees the prevailing party incurs to recover court costs and reasonable attorney's fees.

(b) A party is considered to prevail under Subsection (a) if:

(1) a state or federal court dismisses any claim or cause of action described by Subsection (a) against the party, regardless of the reason for the dismissal;

(2) a state or federal court enters judgment in the party's favor on a claim or cause of action described by Subsection (a); or

(3) another party that seeks declaratory or injunctive relief described by Subsection (a) voluntarily dismisses or nonsuits its claims against the prevailing party under any law, including the Federal Rules of Civil Procedure and the Texas Rules of Civil Procedure.

(c) A prevailing party under this section may recover court costs and reasonable attorney's fees under this section only to the extent those court costs and reasonable attorney's fees were incurred while defending claims or causes of action on which the party prevailed.

Sec. 110A.056. IMMUNITIES PRESERVED. (a) Subject to Subsection (b) but notwithstanding any other law, the state has sovereign immunity, a political subdivision has governmental immunity, and an officer, employee, or agent of this state or a political subdivision has official immunity, as well as sovereign or governmental immunity, as appropriate, in any action, claim, counterclaim, or any type of legal or equitable action that:

(1) challenges the validity of a provision or application of this chapter, on constitutional grounds or otherwise; or

(2) seeks to prevent or enjoin the state, a political subdivision, or an officer, employee, or agent of this state or a political subdivision from:

(A) enforcing a provision or application of this chapter; or

(B) hearing, adjudicating, or docketing an action brought under Section 110A.054 or 110A.055.

(b) Subsection (a) does not apply to the extent that immunity has been abrogated or preempted by federal law in a manner consistent with the United States Constitution.

(c) The sovereign immunity conferred by this section on the state and each of its officers, employees, and agents includes the constitutional sovereign immunity recognized by the United States Supreme Court in Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996) and Alden v. Maine, 527 U.S. 706 (1999), which applies in both state and federal court and may not be abrogated by Congress or by any state or federal court except under legislation authorized by:

(1) Section 5 of the Fourteenth Amendment, United States Constitution;

(2) the Bankruptcy Clause of Article I, United States Constitution;

(3) Congress's powers to raise and support armies and to provide and maintain a navy; or

(4) any other ground that may be recognized by the United States Supreme Court.

(d) Notwithstanding any other law, the immunities conferred by this section shall apply in every court, both state and federal, and in every adjudicative proceeding of any type.

(e) Notwithstanding any other law, a provision of state law may not be construed to waive or abrogate an immunity described by this section unless it expressly waives or abrogates immunity with specific reference to this section.

(f) Notwithstanding any other law, an attorney representing the state, a political subdivision, or an officer, employee, or agent of this state or a political subdivision may not waive an immunity described by this section or take any action that would result in a waiver of that immunity. A purported waiver or action described by this subsection is regarded as a legal nullity and an ultra vires act.

Sec. 110A.057. LIMITS ON STATE COURT JURISDICTION. (a) Notwithstanding any other law, including Chapter 37 of this code and Sections 22.002, 22.221, 24.007, 24.008, 24.009, 24.010, and 24.011, Government Code, with respect to an action brought under Section 110A.054 or 110A.055, a court of this state may not award declaratory or injunctive relief, or any type of writ, that would:

(1) pronounce any provision or application of this chapter invalid or unconstitutional; or

(2) restrain the state, a political subdivision, an officer, employee, or agent of this state or a political subdivision, or any person from:

(A) enforcing a provision or application of this chapter; or

(B) hearing, adjudicating, docketing, or filing an action brought under Section 110A.054 or 110A.055.

(b) A court of this state does not have jurisdiction to consider any action, claim, or counterclaim that seeks relief described by Subsection (a).

(c) This chapter may not be construed to prevent a litigant from asserting the invalidity or unconstitutionality of any provision or application of this chapter as a defense to any action, claim, or counterclaim brought against the litigant with respect to an action brought under Section 110A.054 or 110A.055.

(d) Notwithstanding any other law, any judicial relief issued by a court of this state that disregards immunity conferred by Section 110A.056(a) or the limitations on jurisdiction and relief imposed by this section:

(1) is regarded as a legal nullity because the issuing court is without jurisdiction; and

(2) may not be enforced or obeyed by any officer, employee, or agent of this state or a political subdivision, judicial or otherwise.

(e) Notwithstanding any other law, any writ, injunction, or declaratory judgment issued by a court of this state that purports to restrain the state, a political subdivision, an officer, employee, or agent of this state or a political subdivision, or any person from hearing, adjudicating, docketing, or filing an action brought under Section 110A.054 or 110A.055 is regarded as a legal nullity and a violation of the Due Process Clause of the Fourteenth Amendment to the United States Constitution and may not be enforced or obeyed by any officer, employee, or agent of this state or a political subdivision, judicial or otherwise.

(f) Notwithstanding any other law, including rules adopted under Chapter 26, a court may not certify a plaintiff or defendant class with respect to any claim that seeks declaratory or injunctive relief, or any type of stay or writ, that would:

(1) pronounce any provision or application of this chapter invalid or unconstitutional;

(2) restrain or prevent the state, a political subdivision, any officer, employee, or agent of this state or a political subdivision, or any other person from enforcing any provision or application of this chapter; or

(3) restrain or prevent a court from hearing, adjudicating, docketing, or filing an action brought under Section 110A.054 or 110A.055.

Sec. 110A.058. SEVERABILITY. (a) Mindful of Leavitt v. Jane L. Jane L. the severability of a state statute the United States Supreme Court held that an explicit statement of legislative intent is controlling, it is the intent of the legislature that every provision, section, subsection, sentence, clause, phrase, or word in this chapter, and every application of the provisions in this chapter to every person, group of persons, or circumstances, are severable from each other.

(b) If any application of any provision in this chapter to any person, group of persons, or circumstances is found by a court to be invalid, preempted, or unconstitutional, for any reason whatsoever, then the remaining applications of that provision to all other persons and circumstances shall be severed and preserved, and shall remain in effect. All constitutionally valid applications of the provisions in this chapter shall be severed from any applications that a court finds to be invalid, preempted, or unconstitutional, because it is the legislature's intent and priority that every single valid application of every statutory provision be allowed to stand alone.

(c) The legislature further declares that it would have enacted this chapter, and each provision, section, subsection, sentence, clause, phrase, or word, and all constitutional applications of the provisions of this chapter, irrespective of the fact that any provision, section, subsection, sentence, clause, phrase, or word, or applications of this chapter were to be declared invalid, preempted, or unconstitutional.

(d) If any provision of this chapter is found by any court to be unconstitutionally vague, then the applications of that provision that do not present constitutional vagueness problems shall be severed and remain in force, consistent with the severability requirements of Subsections (a), (b), and (c).

(e) No court may decline to enforce the severability requirements of Subsections (a), (b), (c), and (d) on the ground that severance would rewrite the statute or involve the court in legislative or lawmaking activity. A court that declines to enforce or enjoins a state official from enforcing a statutory provision is not rewriting a statute or engaging in legislative or lawmaking activity, as the statute continues to contain the same words as before the court's decision. A judicial injunction or declaration of unconstitutionality:

(1) is nothing more than an edict prohibiting enforcement of the disputed statute against the named parties to that lawsuit, which may subsequently be vacated by a later court if that court has a different understanding of the requirements of the United States Constitution or Texas Constitution;

(2) is not a formal amendment of the language in a statute; and

(3) no more rewrites a statute than a decision by the executive not to enforce a duly enacted statute in a limited and defined set of circumstances.

(f) If any state or federal court disregards any of the severability requirements in Subsection (a), (b), (c), (d), or (e), and declares or finds any provision of this chapter facially invalid, preempted, or unconstitutional, when there are discrete applications of that provision that can be enforced against a person, group of persons, or circumstances without violating federal law or the federal or state constitution, then that provision shall be interpreted, as a matter of state law, as if the legislature had enacted a provision limited to the persons, group of persons, or circumstances for which the provision's application will not violate federal law or the federal or state constitution, and every court shall adopt this saving construction of that provision until the court ruling that pronounced the provision facially invalid, preempted, or unconstitutional is vacated or overruled.

SECTION 3. Every provision, section, subsection, sentence, clause, phrase, or word of this Act, and every application of the provisions in this Act to every person, groups of persons, or circumstances, are severable from each other. If any application of any provision in this Act to any person, group of persons, or circumstances is found by a court to be unconstitutional or invalid, on any ground for any reason whatsoever, then the remaining applications of that provision to all other persons and circumstances shall be severed and may not be affected. All constitutional applications of this Act shall be severed from any applications that a court finds to be unconstitutional, leaving the constitutional applications in force, because it is the legislature's intent and priority that the constitutional applications be allowed to stand alone. The legislature further declares that it would have passed this Act, and each provision, section, subsection, sentence, clause, phrase, or word, and all constitutional applications of this Act, irrespective of the fact that any provision, section, subsection, sentence, clause, phrase, or word, or applications of this Act, were to be declared unconstitutional by any court.

SECTION 4. Chapter 110A, Civil Practice and Remedies 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 5. This Act takes effect September 1, 2025.