Texas Senate Bill SB1929

Texas 2021 - 87th Regular

Caption

Relating to the availability of certain remedies for the burdening by a government agency of a person's free exercise of religion.

Impact

The bill explicitly waives sovereign immunity in state and federal courts concerning the specified causes of action, thereby opening the door for individuals to hold government bodies accountable. However, this waiver is bounded by existing constitutional frameworks, specifically the Eleventh Amendment, which restricts certain lawsuits against states by citizens of other states. This limitation is essential for maintaining a balance between state protection against litigation while still providing individuals with a pathway for recourse against potential overreach by governmental authorities.

Summary

Senate Bill 1929, known for focusing on the remedies available for individuals whose free exercise of religion is encumbered by government agencies, introduces several significant amendments to the Civil Practice and Remedies Code of Texas. Notably, the bill addresses the issue of sovereign immunity by allowing individuals to sue government entities for damages resulting from such burdens. This provision is particularly critical as it enhances the rights of citizens to seek legal recourse when they believe their religious freedoms are being infringed upon by state actions.

Contention

An important aspect of SB1929 is its clarification that issues related to laws regulating or restricting abortion remain unaffected by this bill. This means that while the bill promotes religious freedom claims against government actions, it does not alter or inhibit the enforcement of existing abortion laws in Texas. This point has generated discussion among lawmakers, as some may view it as a necessary exemption to ensure that the bill does not inadvertently challenge the state's legal stance on abortion, while others may see it as a limitation on the extent of religious freedom protections provided by the bill.