Texas 2015 - 84th Regular

Texas Senate Bill SB1799 Compare Versions

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

Old	New	Differences
1	1	By: Taylor of Galveston S.B. No. 1799
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	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act shall be known as the Marriage and
10	10	Religious Rights Ensured Act.
11	11	SECTION 2. Title 6, Civil Practice and Remedies Code, is
12	12	amended by adding Chapter 150A to read as follows:
13	13	CHAPTER 150A. RELIGIOUS RIGHTS OF CONSCIENCE
14	14	Sec. 150A.001. NO LIABILITY FOR ACTION BASED ON RELIGIOUS
15	15	BELIEFS. Notwithstanding any other law to the contrary, a person is
16	16	not subject to liability for declining to (1) buy, sell, offer, or
17	17	provide a good or service; (2) enter a contract; (3) hire a person;
18	18	or (4) take any other discretionary action because of that person's
19	19	sincerely held religious belief about marriage as only the union of
20	20	one man and one woman.
21	21	Sec. 150A.002. GOVERNMENT ACTION PROHIBITED. (a)
22	22	Notwithstanding any other law to the contrary, a government agency
23	23	shall not take an adverse action against a person on the basis of
24	24	that person's sincerely held religious belief about marriage as
25	25	only the union of one man and one woman.
26	26	(b) "Adverse action," as used in this chapter, means any
27	27	action taken by a government agency to: (1) deny, revoke, reduce, or
28	28	disallow a tax exemption or deduction, or otherwise adversely alter
29	29	the tax treatment of the person; (2) deny, revoke, reduce, or
30	30	disallow a benefit, right, or entitlement; (3) deny, revoke,
31	31	reduce, or disallow any grant, contract, cooperative agreement,
32	32	loan, license, certification, accreditation, employment, or other
33	33	similar position or status; (4) take some adverse employment
34	34	action, including termination, suspension, or demotion; or (5)
35	35	otherwise discriminate against the person.
36	36	(c) "Government agency," as used in this chapter, means:
37	37	(1) this State or a municipality or other political
38	38	subdivision of this State; or
39	39	(2) any agency of this State or of a municipality or
40	40	other political subdivision of this State, including a department,
41	41	bureau, board, commission, office, agency, council, court, or
42	42	public institution of higher education.
43	43	(d) "Person," as used in this chapter, means a natural
44	44	person, a for-profit entity, a sole proprietorship, a nonprofit
45	45	organization, a religious organization, or a church.
46	46	Sec. 150A.003. CAUSE OF ACTION. A person may assert a
47	47	violation of section 150A.002 as a claim or defense in an
48	48	administrative or judicial proceeding and obtain compensatory
49	49	damages, injunctive relief, declaratory relief, or any other
50	50	appropriate relief against the government agency.
51	51	Sec. 150A.004. REMEDY. A person who successfully asserts a
52	52	claim or defense under this chapter is entitled to:
53	53	(1) declaratory relief;
54	54	(2) injunctive relief to prevent the threatened or
55	55	continued adverse action against the conscientious objector;
56	56	(3) compensatory damages for pecuniary and
57	57	nonpecuniary losses;
58	58	(4) punitive damages; and
59	59	(5) reasonable attorney's fees, court costs, and other
60	60	reasonable expenses.
61	61	Sec. 150A.005. TWO-YEAR LIMITATIONS PERIOD. A
62	62	conscientious objector may bring an action to assert a claim for
63	63	damages under this chapter not later than the second anniversary of
64	64	the date the person knew of the adverse action under this chapter.
65	65	Sec. 150A.006. IMMUNITY WAIVED. (a) Sovereign, government,
66	66	and qualified immunities to suit and from liability are waived and
67	67	abolished to the extent of liability created by this chapter, and a
68	68	claimant may sue a government agency or official for damages
69	69	allowed by this chapter.
70	70	(b) Notwithstanding Subsection (a), this chapter does not
71	71	waive or abolish sovereign immunity to suit and from liability
72	72	under the Eleventh Amendment to the United States Constitution.
73	73	Sec. 150A.007. EFFECT ON RIGHTS. (a) This chapter may not
74	74	be construed to authorize a government agency to burden a person's
75	75	free exercise of religion.
76	76	(b) The protections of speech and religious freedom
77	77	afforded by this chapter are in addition to any protections
78	78	provided under federal law, the laws of this state, the United
79	79	States Constitution, and the Texas Constitution.
80	80	(c) This chapter may not be construed to supersede any law
81	81	of this state that is equally as protective of religious beliefs as,
82	82	or more protective of religious beliefs than, this chapter.
83	83	(d) This chapter may not be considered to narrow the meaning
84	84	or application of any other law protecting religious beliefs.
85	85	Sec. 150A.008. INTERPRETATION. This chapter shall be
86	86	liberally construed to effectuate its remedial and deterrent
87	87	purposes.
88	88	SECTION 3. The severability provisions of Section 311.032,
89	89	Government Code, apply to this Act.
90	90	SECTION 4. This Act takes effect immediately if it receives
91	91	a vote of two-thirds of all the members elected to each house, as
92	92	provided by Section 39, Article III, Texas Constitution. If this
93	93	Act does not receive the vote necessary for immediate effect, this
94	94	Act takes effect September 1, 2015.