Texas 2017 - 85th Regular

Texas House Bill HB2779 Compare Versions

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

Old	New	Differences
1	1	85R11505 LED-F
2	2	By: Schaefer H.B. No. 2779
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to protecting freedom of conscience from government
8	8	discrimination.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 5, Civil Practice and Remedies Code, is
11	11	amended by adding Chapter 110A to read as follows:
12	12	CHAPTER 110A. FREE TO BELIEVE ACT
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 110A.001. DEFINITIONS. In this chapter:
15	15	(1) "Adoption or foster care" or "adoption or foster
16	16	care service" means a social service provided to or in behalf of a
17	17	child, including:
18	18	(A) assisting an abused or neglected child;
19	19	(B) teaching a child and parent occupational,
20	20	homemaking, and other domestic skills;
21	21	(C) promoting foster parenting;
22	22	(D) providing a foster home, residential
23	23	child-care facility, foster group home, or temporary foster group
24	24	shelter for a child;
25	25	(E) recruiting foster parents;
26	26	(F) placing a child in a foster home;
27	27	(G) licensing foster homes;
28	28	(H) promoting adoption or recruiting adoptive
29	29	parents;
30	30	(I) assisting an adoption or supporting an
31	31	adoptive family;
32	32	(J) performing or assisting a home study;
33	33	(K) assisting a kinship provider;
34	34	(L) providing family preservation services;
35	35	(M) providing family support services; and
36	36	(N) providing temporary family reunification
37	37	services.
38	38	(2) "Discriminatory action" means any action taken by
39	39	a governmental entity to:
40	40	(A) withhold, reduce, exclude, terminate,
41	41	materially alter the terms or conditions of, or otherwise make
42	42	unavailable or deny any grant, contract, subcontract, cooperative
43	43	agreement, guarantee, loan, scholarship, license, certification,
44	44	accreditation, custody award or agreement, diploma, grade,
45	45	recognition, or other similar benefit, position, or status from or
46	46	to a person;
47	47	(B) withhold, reduce, exclude, terminate,
48	48	materially alter the terms or conditions of, or otherwise make
49	49	unavailable or deny an entitlement or benefit provided under a
50	50	state benefit program from or to a person;
51	51	(C) alter in any way the tax treatment of, cause
52	52	any tax, penalty, or payment assessment against, or deny, delay,
53	53	revoke, or otherwise make unavailable a tax exemption of a person;
54	54	(D) disallow, deny, or otherwise make
55	55	unavailable a tax deduction for any charitable contribution made to
56	56	or by a person;
57	57	(E) impose, levy, or assess a monetary fine, fee,
58	58	penalty, or injunction against a person; or
59	59	(F) refuse to hire or promote, force to resign,
60	60	fire, demote, sanction, discipline, materially alter the terms or
61	61	conditions of employment, or retaliate or take other adverse
62	62	employment action against a person who is employed or commissioned
63	63	by a governmental entity.
64	64	(3) "Governmental entity" means:
65	65	(A) this state;
66	66	(B) a board, bureau, commission, council,
67	67	department, or other agency of this state, including an institution
68	68	of higher education as defined by Section 61.003, Education Code;
69	69	(C) the Texas Supreme Court, the Texas Court of
70	70	Criminal Appeals, a state judicial agency, the State Bar of Texas,
71	71	or a court in this state;
72	72	(D) a political subdivision of this state,
73	73	including a county, municipality, or special district or authority;
74	74	(E) an officer, employee, or agent of an entity
75	75	described by Paragraphs (A)-(D); or
76	76	(F) a private person suing under or attempting to
77	77	enforce a law, rule, order, or ordinance adopted by an entity
78	78	described by Paragraphs (A)-(D).
79	79	(4) "Person" has the meaning assigned by Section
80	80	311.005, Government Code.
81	81	(5) "Religious organization" means:
82	82	(A) a house of worship, including a church,
83	83	synagogue, shrine, mosque, or temple;
84	84	(B) a religious group, corporation, association,
85	85	school or educational institution, ministry, order, society, or
86	86	similar entity, regardless of whether the entity is integrated or
87	87	affiliated with a church or other house of worship; or
88	88	(C) an officer, owner, employee, manager,
89	89	religious leader, member of the clergy, or minister of an entity or
90	90	organization described in this subdivision.
91	91	(6) "State benefit program" means any program
92	92	administered or funded by a governmental entity that provides cash,
93	93	payments, grants, contracts, loans, or in-kind assistance.
94	94	Sec. 110A.002. SHORT TITLE. This chapter may be cited as
95	95	the Free to Believe Act.
96	96	Sec. 110A.003. SINCERELY HELD RELIGIOUS BELIEFS OR MORAL
97	97	CONVICTIONS. The sincerely held religious beliefs or moral
98	98	convictions protected by this chapter are a belief or conviction
99	99	that:
100	100	(1) marriage is or should be recognized as the union of
101	101	one man and one woman; and
102	102	(2) the terms "male," "man," "female," and "woman"
103	103	refer to an individual's immutable biological sex as objectively
104	104	determined by anatomy and genetics at the time of birth.
105	105	Sec. 110A.004. CONSTRUCTION OF CHAPTER. (a) This chapter
106	106	shall be construed in favor of a broad protection of the free
107	107	exercise of religious beliefs and moral convictions to the maximum
108	108	extent allowed by this chapter and the state and federal
109	109	constitutions.
110	110	(b) The protections of free exercise of religious beliefs
111	111	and moral convictions afforded by this chapter are in addition to
112	112	the protections provided under federal or state law and the state
113	113	and federal constitutions.
114	114	(c) This chapter may not be construed to preempt or repeal a
115	115	state or local law that is equally or more protective of the free
116	116	exercise of religious beliefs or moral convictions or to narrow the
117	117	meaning or application of a state or local law protecting the free
118	118	exercise of religious beliefs or moral convictions.
119	119	(d) This chapter may not be construed to prevent a
120	120	governmental entity from providing, either directly or through a
121	121	person who is not seeking protection under this chapter, any
122	122	benefit or service authorized under state law.
123	123	(e) This chapter applies to and in case of conflict
124	124	supersedes each statute of this state that impinges on the free
125	125	exercise of religious beliefs or moral convictions protected by
126	126	this chapter. This chapter also applies to and in case of conflict
127	127	supersedes an ordinance, rule, regulation, order, opinion,
128	128	decision, practice, or other exercise of a governmental entity's
129	129	authority that impinges on the free exercise of religious beliefs
130	130	or moral convictions protected by this chapter.
131	131	Sec. 110A.005. APPLICABILITY. This chapter is excluded
132	132	from the application of Chapter 110.
133	133	SUBCHAPTER B. DISCRIMINATORY ACTION BY GOVERNMENTAL ENTITY
134	134	PROHIBITED
135	135	Sec. 110A.051. ACTIVITIES OF RELIGIOUS ORGANIZATION. A
136	136	governmental entity may not take any discriminatory action against
137	137	a religious organization wholly or partly because the organization,
138	138	based on or in a manner consistent with a sincerely held religious
139	139	belief or moral conviction protected by this chapter:
140	140	(1) makes an employment-related decision, including a
141	141	decision to terminate, to discipline, or not to hire an individual
142	142	whose conduct or religious beliefs are inconsistent with the
143	143	beliefs of the religious organization; or
144	144	(2) makes a decision concerning the sale, rental, or
145	145	occupancy of, or the terms and conditions of occupying, a dwelling
146	146	or other housing under the religious organization's control.
147	147	Sec. 110A.052. ADOPTION OR FOSTER CARE. (a) A governmental
148	148	entity may not take any discriminatory action against a religious
149	149	organization that advertises, provides, or facilitates adoption or
150	150	foster care wholly or partly because the organization has provided
151	151	or declined to provide an adoption or foster care service, or a
152	152	related service, based on or in a manner consistent with a sincerely
153	153	held religious belief or moral conviction protected by this
154	154	chapter.
155	155	(b) A governmental entity may not take any discriminatory
156	156	action against a person granted custody of a foster or adoptive
157	157	child or a person who seeks custody of a foster or adoptive child
158	158	wholly or partly because that person guides, instructs, or raises a
159	159	child, or intends to guide, instruct, or raise a child, based on or
160	160	in a manner consistent with a sincerely held religious belief or
161	161	moral conviction protected by this chapter.
162	162	Sec. 110A.053. SEX REASSIGNMENT OR GENDER IDENTITY
163	163	TRANSITIONING. (a) A governmental entity may not take any
164	164	discriminatory action against a person wholly or partly because the
165	165	person, based on or in a manner consistent with a sincerely held
166	166	religious belief or moral conviction protected by this chapter,
167	167	declines to participate in providing:
168	168	(1) treatment, counseling, or surgery related to sex
169	169	reassignment or gender identity transitioning; or
170	170	(2) psychological, counseling, or fertility services.
171	171	(b) This section may not be construed to allow a person to
172	172	deny visitation, recognition of a designated representative for
173	173	health care decision-making, or emergency medical treatment
174	174	necessary to cure an illness or injury as required by law.
175	175	Sec. 110A.054. MARRIAGE-RELATED GOODS AND SERVICES. A
176	176	governmental entity may not take any discriminatory action against
177	177	a person wholly or partly because the person, based on or in a
178	178	manner consistent with a sincerely held religious belief or moral
179	179	conviction protected by this chapter, has provided or declined to
180	180	provide the following for a purpose related to the solemnization,
181	181	formation, celebration, or recognition of a marriage:
182	182	(1) photography, poetry, videography, disc jockey
183	183	services, wedding planning, printing, publishing, or similar
184	184	marriage-related goods or services; or
185	185	(2) floral arrangements, dressmaking, cake or pastry
186	186	artistry, assembly hall or other wedding venue rentals, limousine
187	187	or other car service rentals, jewelry sales and services, or
188	188	similar marriage-related services, accommodations, facilities,
189	189	goods, or privileges.
190	190	Sec. 110A.055. EMPLOYEE AND STUDENT POLICIES. A
191	191	governmental entity may not take any discriminatory action against
192	192	a person wholly or partly because the person, based on or in a
193	193	manner consistent with a sincerely held religious belief or moral
194	194	conviction protected by this chapter, establishes sex-specific
195	195	standards or policies concerning:
196	196	(1) employee or student dress or grooming; or
197	197	(2) access to restrooms, spas, baths, showers,
198	198	dressing rooms, locker rooms, or other intimate facilities or
199	199	settings.
200	200	Sec. 110A.056. GOVERNMENTAL EMPLOYEE SPEECH OR CONDUCT. A
201	201	governmental entity may not take any discriminatory action against
202	202	an employee wholly or partly because the employee lawfully speaks
203	203	or engages in expressive conduct, based on or in a manner consistent
204	204	with a sincerely held religious belief or moral conviction
205	205	protected by this chapter, so long as:
206	206	(1) if the speech or expressive conduct occurs in the
207	207	workplace, the speech or expressive conduct is consistent with the
208	208	time, place, manner, and frequency of any other expression of a
209	209	religious, political, or moral belief or conviction that would be
210	210	protected; or
211	211	(2) if the speech or expressive conduct occurs outside
212	212	the workplace, the speech or expressive conduct is in the
213	213	employee's personal capacity and outside the course of performing
214	214	work duties.
215	215	Sec. 110A.057. RECUSAL FROM MARRIAGE LICENSING. (a) A
216	216	person employed by or acting on behalf of a governmental entity who
217	217	has authority to authorize or license marriages, including a county
218	218	clerk or deputy county clerk, may seek recusal from authorizing or
219	219	licensing lawful marriages, based on or in a manner consistent with
220	220	a sincerely held religious belief or moral conviction protected by
221	221	this chapter.
222	222	(b) A person making a recusal under this section shall
223	223	provide written notice to the vital statistics unit of the
224	224	Department of State Health Services before the recusal. The vital
225	225	statistics unit shall keep a record of the recusal.
226	226	(c) A person making a recusal under this section shall take
227	227	all necessary steps to ensure that the authorization and licensing
228	228	of a legally valid marriage is not impeded or delayed as a result of
229	229	the recusal.
230	230	(d) A governmental entity may not take any discriminatory
231	231	action against a person described by Subsection (a) wholly or
232	232	partly because of the recusal.
233	233	Sec. 110A.058. RECUSAL FROM MARRIAGE PERFORMANCE. (a) A
234	234	person employed by or acting on behalf of a governmental entity who
235	235	has authority to perform or solemnize marriages, including a judge,
236	236	magistrate, or justice of the peace, may seek recusal from
237	237	performing or solemnizing lawful marriages, based on or in a manner
238	238	consistent with a sincerely held religious belief or moral
239	239	conviction protected by this chapter.
240	240	(b) A person making a recusal under this section shall
241	241	provide written notice to the Office of Court Administration of the
242	242	Texas Judicial System before the recusal.
243	243	(c) The Office of Court Administration of the Texas Judicial
244	244	System shall take all necessary steps to ensure that the
245	245	performance or solemnization of any legally valid marriage is not
246	246	impeded or delayed as a result of any recusal under this section.
247	247	(d) A governmental entity may not take any discriminatory
248	248	action against a person described by Subsection (a) wholly or
249	249	partly because of the recusal.
250	250	Sec. 110A.059. ACCREDITATION, LICENSING, AND
251	251	CERTIFICATION. A governmental entity shall consider a person
252	252	accredited, licensed, or certified if the person would be
253	253	accredited, licensed, or certified, respectively, under state law
254	254	except for a determination against the person wholly or partly
255	255	because the person believes, speaks, or acts in accordance with a
256	256	sincerely held religious belief or moral conviction protected by
257	257	this chapter.
258	258	SUBCHAPTER C. PROCEDURES
259	259	Sec. 110A.101. SOVEREIGN IMMUNITY WAIVED. Sovereign
260	260	immunity to suit and from liability is waived and abolished to the
261	261	extent of liability created by Section 110A.103. A person may sue a
262	262	governmental entity for damages allowed by that section.
263	263	Sec. 110A.102. CLAIM OR DEFENSE BASED ON DISCRIMINATORY
264	264	ACTION. (a) A person may assert a violation of Subchapter B as a
265	265	claim against a governmental entity in a judicial or administrative
266	266	proceeding or as a defense in a judicial or administrative
267	267	proceeding without regard to whether the proceeding is brought by
268	268	or in the name of the governmental entity, a private person, or
269	269	another party.
270	270	(b) An action under this chapter may be commenced, and
271	271	relief may be granted, in a court of this state without regard to
272	272	whether the person commencing the action has sought or exhausted
273	273	available administrative remedies.
274	274	Sec. 110A.103. INJUNCTIVE RELIEF; DAMAGES. (a) An aggrieved
275	275	person must first seek injunctive relief to prevent or remedy a
276	276	violation of this chapter or the effects of a violation of this
277	277	chapter.
278	278	(b) Subject to Subsections (c) and (d), if a court has
279	279	granted injunctive relief and the injunction is violated, only then
280	280	may the aggrieved person seek:
281	281	(1) compensatory damages for pecuniary and
282	282	nonpecuniary losses;
283	283	(2) reasonable attorney's fees and court costs; and
284	284	(3) any other appropriate relief.
285	285	(c) Only declaratory relief and injunctive relief are
286	286	available against a private person not acting under the authority
287	287	of a governmental entity on a successful assertion of a claim or
288	288	defense under this chapter.
289	289	(d) Liability of a governmental entity for compensatory
290	290	damages under Subsection (b)(1) may not exceed $500,000 for all
291	291	claims arising out of a single occurrence. A person is not entitled
292	292	to recover exemplary damages or prejudgment interest under this
293	293	chapter.
294	294	Sec. 110A.104. TWO-YEAR LIMITATIONS PERIOD. A person must
295	295	bring an action to assert a claim under this chapter not later than
296	296	two years after the date the person knew or should have known that a
297	297	discriminatory action was taken against that person.
298	298	SECTION 2. The change in law made by this Act applies only
299	299	to a cause of action that accrues on or after the effective date of
300	300	this Act. A cause of action that accrues before the effective date
301	301	of this Act is governed by the law as it existed immediately before
302	302	that date, and that law is continued in effect for that purpose.
303	303	SECTION 3. This Act takes effect September 1, 2017.