Texas House Bill HB3172

Texas 2019 - 86th Regular

Caption

Relating to the protection of membership in and support to religious organizations.

Impact

If enacted, HB 3172 will significantly change how governmental entities interact with and treat individuals associated with religious organizations. Specifically, it introduces a framework for individuals to challenge any adverse actions that they believe violate their protections under the bill. The proposed measures ensure that individuals can seek relief through injunctive and declaratory relief without the necessity of exhausting other administrative remedies, thus streamlining the process for potential claims. Moreover, the bill waives governmental immunity in cases where individuals assert their rights, allowing them to sue governmental entities directly.

Summary

House Bill 3172 seeks to protect individuals from adverse governmental actions based on their membership in, affiliation with, or support for religious organizations. The bill explicitly prohibits governmental entities from taking negative actions against individuals, which can include withholding grants, contracts, licenses, or tax exemptions, as well as altering the tax treatment of contributions made to or by religious organizations. This legislative effort is positioned as a means to safeguard religious freedom and ensure that support for religious organizations is not penalized in any form, aligning with broader constitutional protections for free exercise of religion.

Sentiment

The sentiment around HB 3172 is generally supportive among religious groups and individuals advocating for religious liberties, who view the bill as a necessary step to protect faith communities from discrimination by government entities. Conversely, there are concerns expressed by opponents who fear that the bill could lead to increased governmental entanglement in religious matters or that it might be exploited to justify discriminatory practices under the guise of religious freedom. This debate highlights a tension between affirming religious rights and maintaining equitable treatment within public programs and services.

Contention

Notable points of contention regarding HB 3172 include worries about the breadth of the term 'adverse action' and its potential implications on governmental accountability. Critics argue that the bill's provisions could lead to scenarios where individuals leverage religious affiliations to challenge legitimate governmental policies or regulations. Furthermore, there are concerns regarding how the bill might interact with existing anti-discrimination laws, and some fear that it may create legal loopholes that allow for discrimination justified by religious beliefs.