Texas 2023 - 88th Regular

Texas Senate Bill SB559

Filed
1/23/23  
Out of Senate Committee
3/1/23  
Voted on by Senate
3/15/23  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to discrimination against or burdening certain constitutional rights of an applicant for or holder of a license to practice law in this state.

Impact

If enacted, SB 559 would significantly alter the landscape of legal practice in Texas by ensuring that applicants and licensed attorneys are not discriminated against based on their religious beliefs or the exercise of their free speech. This change reaffirmatively aligns with the fundamental rights outlined in the First Amendment and aims to protect legal professionals from potential biases that may arise from rules governing the legal profession.

Summary

Senate Bill 559, sponsored by Senator Hughes, addresses issues of discrimination against applicants or holders of licenses to practice law in Texas based on their constitutional rights. The legislation seeks to prevent the imposition of rules or penalties by the state bar that could restrict individuals from obtaining or maintaining their licenses due to their sincerely held religious beliefs. The bill is positioned around the First Amendment, promoting both free speech and free exercise of religion among legal professionals.

Sentiment

The sentiment surrounding SB 559 appears to be polarized. Proponents, including various religious organizations, argue that the bill is a necessary protection for the rights of legal professionals and ensures that legal practice does not infringe upon individual beliefs. They view it as a crucial safeguard for religion-based rights. Conversely, detractors express concerns that the bill could be a vehicle for discrimination and that it allows individuals to invoke religious freedom to excuse potential biases, particularly in contexts such as public defense.

Contention

Key points of contention in the discussions pertain to the potential implications of the bill. Opponents argue that the language could enable attorneys to refuse clients or exercise discrimination under the guise of religious expression. They are particularly concerned about the notion of 'free exercise' being utilized to justify actions that may harm others or perpetuate bias. Advocates for the bill counter this by emphasizing the importance of protecting personal beliefs in the legal profession and highlight provisions within the bill that prevent its misuse.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 81. State Bar
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB2846

Identical Relating to discrimination against or burdening certain constitutional rights of an applicant for or holder of a license to practice law in this state.

Similar Bills

No similar bills found.