Texas 2015 - 84th Regular

Texas House Bill HB3602 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Bell H.B. No. 3602
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the religious freedom of a conscientious objector to
7	7	act or fail to act with respect to certain issues of marriage,
8	8	sexual relations, and gender.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act shall be known as the Marriage and
11	11	Religious Rights Ensured Act.
12	12	SECTION 2. Title 6, Civil Practice and Remedies Code, is
13	13	amended by adding Chapter 150A to read as follows:
14	14	CHAPTER 150A. MARRIAGE AND RELATED RELIGIOUS RIGHTS OF CONSCIENCE
15	15	Sec. 150A.001. DEFINITIONS. In this chapter:
16	16	(1) "Adverse action" means any action that directly or
17	17	indirectly adversely affects the person against whom the action was
18	18	taken or that directly or indirectly places the person in a worse
19	19	position than the person was in before the action was taken. The
20	20	term includes:
21	21	(A) an employment discharge, termination,
22	22	suspension, demotion, or reassignment;
23	23	(B) reduced responsibility in the person's
24	24	employment;
25	25	(C) increased surveillance of the person;
26	26	(D) threats toward the person;
27	27	(E) fines or increased fees;
28	28	(F) negative evaluations or references;
29	29	(G) limited access to benefits;
30	30	(H) refusal to hire or contract with the person;
31	31	(I) refusal to service or conduct business with
32	32	the person;
33	33	(J) the denial or revocation of any exemption,
34	34	benefit, license, certification, clearance, accreditation, or
35	35	other position or status;
36	36	(K) discrimination against the person; or
37	37	(L) any other action that is likely to deter a
38	38	reasonable person from acting or refusing to act.
39	39	(2) "Government agency" means:
40	40	(A) this state or a municipality or other
41	41	political subdivision of this state; or
42	42	(B) any agency of this state or of a municipality
43	43	or other political subdivision of this state, including a
44	44	department, bureau, board, commission, office, agency, council,
45	45	court, or public institution of higher education.
46	46	(3) "Harassment" means unwelcome conduct that a
47	47	reasonable person would consider intimidating, hostile, or
48	48	abusive. Harassment includes offensive jokes, slurs, epithets,
49	49	name-calling, physical assaults or threats, intimidation,
50	50	ridicule, mockery, and insults. Harassment does not include
51	51	slights, annoyances, or isolated incidents.
52	52	Sec. 150A.002. CONSCIENTIOUS OBJECTOR. For purposes of
53	53	this chapter, a person is considered to be a conscientious objector
54	54	if the person has a sincerely held religious belief that:
55	55	(A) marriage is or should be recognized as only
56	56	the union of one man and one woman;
57	57	(B) sexual relations should be exclusively
58	58	reserved to a marriage of only one man and one woman; or
59	59	(C) gender or gender identity is or should be
60	60	determined by the predominant chromosomal sex.
61	61	Sec. 150A.003. RELIGIOUS CONSCIENCE PROTECTED. (a) A
62	62	conscientious objector may freely act or refuse to act in
63	63	accordance with a sincerely held religious belief described by
64	64	Section 150A.002.
65	65	(b) Notwithstanding any other law, a person or government
66	66	agency may not take any adverse action against any conscientious
67	67	objector wholly or partly on the basis that the conscientious
68	68	objector:
69	69	(1) identifies as a conscientious objector; or
70	70	(2) acts or refuses to act in accordance with
71	71	Subsection (a).
72	72	(c) This section does not apply to:
73	73	(1) an action by a government agency that burdens a
74	74	conscientious objector's right to act or fail to act under
75	75	Subsection (a) if the government agency action:
76	76	(A) is in furtherance of a compelling
77	77	governmental interest; and
78	78	(B) is the least restrictive means of furthering
79	79	that interest; or
80	80	(2) actions taken solely for purposes of harassment.
81	81	Sec. 150A.004. CLAIMS OR DEFENSES. A conscientious
82	82	objector may assert an actual or threatened violation of this
83	83	chapter as a claim or defense in a judicial or administrative
84	84	proceeding and obtain compensatory damages, injunctive relief,
85	85	declaratory relief, or any other appropriate relief.
86	86	Sec. 150A.005. REMEDIES. A conscientious objector who
87	87	successfully asserts a claim or defense under this chapter is
88	88	entitled to recover:
89	89	(1) declaratory relief;
90	90	(2) injunctive relief to prevent the threatened or
91	91	continued adverse action against the conscientious objector;
92	92	(3) compensatory damages for pecuniary and
93	93	nonpecuniary losses;
94	94	(4) punitive damages; and
95	95	(5) reasonable attorney's fees, court costs, and other
96	96	reasonable expenses.
97	97	Sec. 150A.006. TWO-YEAR LIMITATIONS PERIOD. A
98	98	conscientious objector may bring an action to assert a claim for
99	99	damages under this chapter not later than the second anniversary of
100	100	the date the person knew of the adverse action under this chapter.
101	101	Sec. 150A.007. IMMUNITY WAIVED. (a) Sovereign,
102	102	government, and qualified immunities to suit and from liability are
103	103	waived and abolished to the extent of liability created by this
104	104	chapter, and a claimant may sue a government agency or official for
105	105	damages allowed by this chapter.
106	106	(b) Notwithstanding Subsection (a), this chapter does not
107	107	waive or abolish sovereign immunity to suit and from liability
108	108	under the Eleventh Amendment to the United States Constitution.
109	109	Sec. 150A.008. EFFECT ON RIGHTS. (a) This chapter may not
110	110	be construed to authorize a government agency to burden a person's
111	111	free exercise of religion.
112	112	(b) The protections of speech and religious freedom
113	113	afforded by this chapter are in addition to any protections
114	114	provided under federal law, the laws of this state, the United
115	115	States Constitution, and the Texas Constitution.
116	116	(c) This chapter may not be construed to supersede any law
117	117	of this state that is equally as protective of religious beliefs as,
118	118	or more protective of religious beliefs than, this chapter.
119	119	(d) This chapter may not be considered to narrow the meaning
120	120	or application of any other law protecting religious beliefs.
121	121	Sec. 150A.009. INTERPRETATION. This chapter shall be
122	122	liberally construed to effectuate its remedial and deterrent
123	123	purposes.
124	124	SECTION 3. The severability provisions of Section 311.032,
125	125	Government Code, apply to this Act.
126	126	SECTION 4. This Act takes effect immediately if it receives
127	127	a vote of two-thirds of all the members elected to each house, as
128	128	provided by Section 39, Article III, Texas Constitution. If this
129	129	Act does not receive the vote necessary for immediate effect, this
130	130	Act takes effect September 1, 2015.