Texas 2017 - 85th Regular

Texas House Bill HB1923 Compare Versions

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

Old	New	Differences
1	1	85R10538 YDB-F
2	2	By: Krause H.B. No. 1923
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the protection of religious beliefs and moral
8	8	convictions regarding marriage.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 10, Government Code, is amended by adding
11	11	Subtitle H to read as follows:
12	12	SUBTITLE H. PROHIBITED ADVERSE ACTIONS BY GOVERNMENT
13	13	CHAPTER 2400. PROTECTION OF RELIGIOUS BELIEFS AND
14	14	MORAL CONVICTIONS
15	15	Sec. 2400.001. DEFINITIONS. In this chapter:
16	16	(1) "Adverse action" means any action taken by a
17	17	governmental entity to:
18	18	(A) withhold, reduce, exclude, terminate, or
19	19	otherwise deny any grant, contract, subcontract, cooperative
20	20	agreement, loan, scholarship, license, registration,
21	21	accreditation, employment, or other similar status from or to a
22	22	person;
23	23	(B) withhold, reduce, exclude, terminate, or
24	24	otherwise deny any benefit provided under a benefit program from or
25	25	to a person;
26	26	(C) alter in any way the tax treatment of, cause
27	27	any tax, penalty, or payment assessment against, or deny, delay, or
28	28	revoke a tax exemption of a person;
29	29	(D) disallow a tax deduction for any charitable
30	30	contribution made to or by a person;
31	31	(E) deny admission to, equal treatment in, or
32	32	eligibility for a degree from an educational program or institution
33	33	to a person; or
34	34	(F) withhold, reduce, exclude, terminate, or
35	35	otherwise deny access to a property, educational institution,
36	36	speech forum, or charitable fund-raising campaign from or to a
37	37	person.
38	38	(2) "Benefit program" means any program administered
39	39	or funded by a governmental entity or federal agency that provides
40	40	assistance in the form of payments, grants, loans, or loan
41	41	guarantees.
42	42	(3) "Governmental entity" means:
43	43	(A) this state;
44	44	(B) a board, commission, council, department, or
45	45	other agency in the executive branch of state government that is
46	46	created by the state constitution or a statute, including an
47	47	institution of higher education as defined by Section 61.003,
48	48	Education Code;
49	49	(C) the legislature or a legislative agency;
50	50	(D) the Texas Supreme Court, the Texas Court of
51	51	Criminal Appeals, a state judicial agency, the State Bar of Texas,
52	52	or a court in this state;
53	53	(E) a political subdivision of this state,
54	54	including a county, municipality, or special district or authority;
55	55	or
56	56	(F) an officer, employee, or agent of an entity
57	57	described by Paragraphs (A)-(E).
58	58	(4) "Person" has the meaning assigned by Section
59	59	311.005, except the term does not include:
60	60	(A) an employee of a governmental entity acting
61	61	within the employee's scope of employment;
62	62	(B) a contractor of a governmental entity acting
63	63	within the scope of the contract; or
64	64	(C) a medical or residential custodial health
65	65	care facility to the extent of a policy or action of the facility
66	66	regarding visitation, recognition of a designated representative
67	67	for health care decision-making, or refusal to provide medical
68	68	treatment necessary to treat an illness or injury.
69	69	Sec. 2400.002. ADVERSE ACTION PROHIBITED. Notwithstanding
70	70	any other law, a governmental entity may not take any adverse action
71	71	against any person based wholly or partly on a person's belief or
72	72	action in accordance with the person's sincerely held religious
73	73	belief or moral conviction that marriage is or should be recognized
74	74	as the union of one man and one woman or that sexual relationships
75	75	are properly reserved to such a marriage.
76	76	Sec. 2400.003. RELIEF AVAILABLE. (a) A person may assert
77	77	an actual or threatened violation of Section 2400.002 as a claim or
78	78	defense in a judicial or administrative proceeding and obtain:
79	79	(1) compensatory damages;
80	80	(2) injunctive relief;
81	81	(3) declaratory relief; and
82	82	(4) any other appropriate relief, including
83	83	reasonable attorney's fees.
84	84	(b) Notwithstanding any other law, a person may commence an
85	85	action under this section and relief may be granted regardless of
86	86	whether the person has sought or exhausted available administrative
87	87	remedies.
88	88	Sec. 2400.004. IMMUNITY WAIVED. A person who alleges a
89	89	violation of Section 2400.002 may sue the governmental entity for
90	90	the relief provided under Section 2400.003. Sovereign immunity is
91	91	waived and abolished to the extent of liability for that relief.
92	92	Sec. 2400.005. ATTORNEY GENERAL ACTION; INTERVENTION IN
93	93	PROCEEDING. (a) The attorney general may bring an action for
94	94	injunctive or declaratory relief against a governmental entity or
95	95	an officer or employee of a governmental entity to enforce
96	96	compliance with this chapter.
97	97	(b) This section may not be construed to deny, impair, or
98	98	otherwise affect any authority of the attorney general or a
99	99	governmental entity acting under other law to institute or
100	100	intervene in a proceeding.
101	101	(c) The attorney general may recover reasonable expenses
102	102	incurred in bringing, instituting, or intervening in an action
103	103	under this section, including court costs, reasonable attorney's
104	104	fees, reasonable investigative costs, witness fees, and deposition
105	105	expenses.
106	106	Sec. 2400.006. INTERPRETATION. (a) This chapter may not be
107	107	construed to preempt a state or federal law that is equally or more
108	108	protective of the free exercise of religious beliefs and moral
109	109	convictions or to narrow the meaning or application of a state or
110	110	federal law protecting the free exercise of religious beliefs and
111	111	moral convictions.
112	112	(b) This chapter may not be construed to prevent a
113	113	governmental entity from providing, either directly or through a
114	114	person who is not seeking protection under this chapter, any
115	115	benefit or service authorized under state or federal law.
116	116	SECTION 2. This Act takes effect immediately if it receives
117	117	a vote of two-thirds of all the members elected to each house, as
118	118	provided by Section 39, Article III, Texas Constitution. If this
119	119	Act does not receive the vote necessary for immediate effect, this
120	120	Act takes effect September 1, 2017.