85R11505 LED-F
By: Schaefer H.B. No. 2779
A BILL TO BE ENTITLED
AN ACT
relating to protecting freedom of conscience from government
discrimination.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 5, Civil Practice and Remedies Code, is
amended by adding Chapter 110A to read as follows:
CHAPTER 110A. FREE TO BELIEVE ACT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 110A.001. DEFINITIONS. In this chapter:
(1) "Adoption or foster care" or "adoption or foster
care service" means a social service provided to or in behalf of a
child, including:
(A) assisting an abused or neglected child;
(B) teaching a child and parent occupational,
homemaking, and other domestic skills;
(C) promoting foster parenting;
(D) providing a foster home, residential
child-care facility, foster group home, or temporary foster group
shelter for a child;
(E) recruiting foster parents;
(F) placing a child in a foster home;
(G) licensing foster homes;
(H) promoting adoption or recruiting adoptive
parents;
(I) assisting an adoption or supporting an
adoptive family;
(J) performing or assisting a home study;
(K) assisting a kinship provider;
(L) providing family preservation services;
(M) providing family support services; and
(N) providing temporary family reunification
services.
(2) "Discriminatory action" means any action taken by
a governmental entity to:
(A) withhold, reduce, exclude, terminate,
materially alter the terms or conditions of, or otherwise make
unavailable or deny any grant, contract, subcontract, cooperative
agreement, guarantee, loan, scholarship, license, certification,
accreditation, custody award or agreement, diploma, grade,
recognition, or other similar benefit, position, or status from or
to a person;
(B) withhold, reduce, exclude, terminate,
materially alter the terms or conditions of, or otherwise make
unavailable or deny an entitlement or benefit provided under a
state benefit program from or to a person;
(C) alter in any way the tax treatment of, cause
any tax, penalty, or payment assessment against, or deny, delay,
revoke, or otherwise make unavailable a tax exemption of a person;
(D) disallow, deny, or otherwise make
unavailable a tax deduction for any charitable contribution made to
or by a person;
(E) impose, levy, or assess a monetary fine, fee,
penalty, or injunction against a person; or
(F) refuse to hire or promote, force to resign,
fire, demote, sanction, discipline, materially alter the terms or
conditions of employment, or retaliate or take other adverse
employment action against a person who is employed or commissioned
by a governmental entity.
(3) "Governmental entity" means:
(A) this state;
(B) a board, bureau, commission, council,
department, or other agency of this state, including an institution
of higher education as defined by Section 61.003, Education Code;
(C) the Texas Supreme Court, the Texas Court of
Criminal Appeals, a state judicial agency, the State Bar of Texas,
or a court in this state;
(D) a political subdivision of this state,
including a county, municipality, or special district or authority;
(E) an officer, employee, or agent of an entity
described by Paragraphs (A)-(D); or
(F) a private person suing under or attempting to
enforce a law, rule, order, or ordinance adopted by an entity
described by Paragraphs (A)-(D).
(4) "Person" has the meaning assigned by Section
311.005, Government Code.
(5) "Religious organization" means:
(A) a house of worship, including a church,
synagogue, shrine, mosque, or temple;
(B) a religious group, corporation, association,
school or educational institution, ministry, order, society, or
similar entity, regardless of whether the entity is integrated or
affiliated with a church or other house of worship; or
(C) an officer, owner, employee, manager,
religious leader, member of the clergy, or minister of an entity or
organization described in this subdivision.
(6) "State benefit program" means any program
administered or funded by a governmental entity that provides cash,
payments, grants, contracts, loans, or in-kind assistance.
Sec. 110A.002. SHORT TITLE. This chapter may be cited as
the Free to Believe Act.
Sec. 110A.003. SINCERELY HELD RELIGIOUS BELIEFS OR MORAL
CONVICTIONS. The sincerely held religious beliefs or moral
convictions protected by this chapter are a belief or conviction
that:
(1) marriage is or should be recognized as the union of
one man and one woman; and
(2) the terms "male," "man," "female," and "woman"
refer to an individual's immutable biological sex as objectively
determined by anatomy and genetics at the time of birth.
Sec. 110A.004. CONSTRUCTION OF CHAPTER. (a) This chapter
shall be construed in favor of a broad protection of the free
exercise of religious beliefs and moral convictions to the maximum
extent allowed by this chapter and the state and federal
constitutions.
(b) The protections of free exercise of religious beliefs
and moral convictions afforded by this chapter are in addition to
the protections provided under federal or state law and the state
and federal constitutions.
(c) This chapter may not be construed to preempt or repeal a
state or local law that is equally or more protective of the free
exercise of religious beliefs or moral convictions or to narrow the
meaning or application of a state or local law protecting the free
exercise of religious beliefs or moral convictions.
(d) This chapter may not be construed to prevent a
governmental entity from providing, either directly or through a
person who is not seeking protection under this chapter, any
benefit or service authorized under state law.
(e) This chapter applies to and in case of conflict
supersedes each statute of this state that impinges on the free
exercise of religious beliefs or moral convictions protected by
this chapter. This chapter also applies to and in case of conflict
supersedes an ordinance, rule, regulation, order, opinion,
decision, practice, or other exercise of a governmental entity's
authority that impinges on the free exercise of religious beliefs
or moral convictions protected by this chapter.
Sec. 110A.005. APPLICABILITY. This chapter is excluded
from the application of Chapter 110.
SUBCHAPTER B. DISCRIMINATORY ACTION BY GOVERNMENTAL ENTITY
PROHIBITED
Sec. 110A.051. ACTIVITIES OF RELIGIOUS ORGANIZATION. A
governmental entity may not take any discriminatory action against
a religious organization wholly or partly because the organization,
based on or in a manner consistent with a sincerely held religious
belief or moral conviction protected by this chapter:
(1) makes an employment-related decision, including a
decision to terminate, to discipline, or not to hire an individual
whose conduct or religious beliefs are inconsistent with the
beliefs of the religious organization; or
(2) makes a decision concerning the sale, rental, or
occupancy of, or the terms and conditions of occupying, a dwelling
or other housing under the religious organization's control.
Sec. 110A.052. ADOPTION OR FOSTER CARE. (a) A governmental
entity may not take any discriminatory action against a religious
organization that advertises, provides, or facilitates adoption or
foster care wholly or partly because the organization has provided
or declined to provide an adoption or foster care service, or a
related service, based on or in a manner consistent with a sincerely
held religious belief or moral conviction protected by this
chapter.
(b) A governmental entity may not take any discriminatory
action against a person granted custody of a foster or adoptive
child or a person who seeks custody of a foster or adoptive child
wholly or partly because that person guides, instructs, or raises a
child, or intends to guide, instruct, or raise a child, based on or
in a manner consistent with a sincerely held religious belief or
moral conviction protected by this chapter.
Sec. 110A.053. SEX REASSIGNMENT OR GENDER IDENTITY
TRANSITIONING. (a) A governmental entity may not take any
discriminatory action against a person wholly or partly because the
person, based on or in a manner consistent with a sincerely held
religious belief or moral conviction protected by this chapter,
declines to participate in providing:
(1) treatment, counseling, or surgery related to sex
reassignment or gender identity transitioning; or
(2) psychological, counseling, or fertility services.
(b) This section may not be construed to allow a person to
deny visitation, recognition of a designated representative for
health care decision-making, or emergency medical treatment
necessary to cure an illness or injury as required by law.
Sec. 110A.054. MARRIAGE-RELATED GOODS AND SERVICES. A
governmental entity may not take any discriminatory action against
a person wholly or partly because the person, based on or in a
manner consistent with a sincerely held religious belief or moral
conviction protected by this chapter, has provided or declined to
provide the following for a purpose related to the solemnization,
formation, celebration, or recognition of a marriage:
(1) photography, poetry, videography, disc jockey
services, wedding planning, printing, publishing, or similar
marriage-related goods or services; or
(2) floral arrangements, dressmaking, cake or pastry
artistry, assembly hall or other wedding venue rentals, limousine
or other car service rentals, jewelry sales and services, or
similar marriage-related services, accommodations, facilities,
goods, or privileges.
Sec. 110A.055. EMPLOYEE AND STUDENT POLICIES. A
governmental entity may not take any discriminatory action against
a person wholly or partly because the person, based on or in a
manner consistent with a sincerely held religious belief or moral
conviction protected by this chapter, establishes sex-specific
standards or policies concerning:
(1) employee or student dress or grooming; or
(2) access to restrooms, spas, baths, showers,
dressing rooms, locker rooms, or other intimate facilities or
settings.
Sec. 110A.056. GOVERNMENTAL EMPLOYEE SPEECH OR CONDUCT. A
governmental entity may not take any discriminatory action against
an employee wholly or partly because the employee lawfully speaks
or engages in expressive conduct, based on or in a manner consistent
with a sincerely held religious belief or moral conviction
protected by this chapter, so long as:
(1) if the speech or expressive conduct occurs in the
workplace, the speech or expressive conduct is consistent with the
time, place, manner, and frequency of any other expression of a
religious, political, or moral belief or conviction that would be
protected; or
(2) if the speech or expressive conduct occurs outside
the workplace, the speech or expressive conduct is in the
employee's personal capacity and outside the course of performing
work duties.
Sec. 110A.057. RECUSAL FROM MARRIAGE LICENSING. (a) A
person employed by or acting on behalf of a governmental entity who
has authority to authorize or license marriages, including a county
clerk or deputy county clerk, may seek recusal from authorizing or
licensing lawful marriages, based on or in a manner consistent with
a sincerely held religious belief or moral conviction protected by
this chapter.
(b) A person making a recusal under this section shall
provide written notice to the vital statistics unit of the
Department of State Health Services before the recusal. The vital
statistics unit shall keep a record of the recusal.
(c) A person making a recusal under this section shall take
all necessary steps to ensure that the authorization and licensing
of a legally valid marriage is not impeded or delayed as a result of
the recusal.
(d) A governmental entity may not take any discriminatory
action against a person described by Subsection (a) wholly or
partly because of the recusal.
Sec. 110A.058. RECUSAL FROM MARRIAGE PERFORMANCE. (a) A
person employed by or acting on behalf of a governmental entity who
has authority to perform or solemnize marriages, including a judge,
magistrate, or justice of the peace, may seek recusal from
performing or solemnizing lawful marriages, based on or in a manner
consistent with a sincerely held religious belief or moral
conviction protected by this chapter.
(b) A person making a recusal under this section shall
provide written notice to the Office of Court Administration of the
Texas Judicial System before the recusal.
(c) The Office of Court Administration of the Texas Judicial
System shall take all necessary steps to ensure that the
performance or solemnization of any legally valid marriage is not
impeded or delayed as a result of any recusal under this section.
(d) A governmental entity may not take any discriminatory
action against a person described by Subsection (a) wholly or
partly because of the recusal.
Sec. 110A.059. ACCREDITATION, LICENSING, AND
CERTIFICATION. A governmental entity shall consider a person
accredited, licensed, or certified if the person would be
accredited, licensed, or certified, respectively, under state law
except for a determination against the person wholly or partly
because the person believes, speaks, or acts in accordance with a
sincerely held religious belief or moral conviction protected by
this chapter.
SUBCHAPTER C. PROCEDURES
Sec. 110A.101. SOVEREIGN IMMUNITY WAIVED. Sovereign
immunity to suit and from liability is waived and abolished to the
extent of liability created by Section 110A.103. A person may sue a
governmental entity for damages allowed by that section.
Sec. 110A.102. CLAIM OR DEFENSE BASED ON DISCRIMINATORY
ACTION. (a) A person may assert a violation of Subchapter B as a
claim against a governmental entity in a judicial or administrative
proceeding or as a defense in a judicial or administrative
proceeding without regard to whether the proceeding is brought by
or in the name of the governmental entity, a private person, or
another party.
(b) An action under this chapter may be commenced, and
relief may be granted, in a court of this state without regard to
whether the person commencing the action has sought or exhausted
available administrative remedies.
Sec. 110A.103. INJUNCTIVE RELIEF; DAMAGES. (a) An aggrieved
person must first seek injunctive relief to prevent or remedy a
violation of this chapter or the effects of a violation of this
chapter.
(b) Subject to Subsections (c) and (d), if a court has
granted injunctive relief and the injunction is violated, only then
may the aggrieved person seek:
(1) compensatory damages for pecuniary and
nonpecuniary losses;
(2) reasonable attorney's fees and court costs; and
(3) any other appropriate relief.
(c) Only declaratory relief and injunctive relief are
available against a private person not acting under the authority
of a governmental entity on a successful assertion of a claim or
defense under this chapter.
(d) Liability of a governmental entity for compensatory
damages under Subsection (b)(1) may not exceed $500,000 for all
claims arising out of a single occurrence. A person is not entitled
to recover exemplary damages or prejudgment interest under this
chapter.
Sec. 110A.104. TWO-YEAR LIMITATIONS PERIOD. A person must
bring an action to assert a claim under this chapter not later than
two years after the date the person knew or should have known that a
discriminatory action was taken against that person.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law as it existed immediately before
that date, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.