| 1 | 1 | | 85R5710 EES-D |
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| 2 | 2 | | By: Sanford H.B. No. 2876 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the rights of wedding industry professionals and their |
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| 8 | 8 | | employees in connection with the provision of goods, services, and |
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| 9 | 9 | | facilities that would violate a sincerely held religious belief. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. This Act shall be known as the Professional Right |
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| 12 | 12 | | of Conscience for Wedding Ceremonies Act. |
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| 13 | 13 | | SECTION 2. Title 99, Business & Commerce Code, is amended by |
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| 14 | 14 | | adding Chapter 2005 to read as follows: |
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| 15 | 15 | | CHAPTER 2005. FREEDOM OF RELIGION FOR WEDDING INDUSTRY |
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| 16 | 16 | | PROFESSIONALS |
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| 17 | 17 | | Sec. 2005.001. RIGHTS OF CERTAIN WEDDING INDUSTRY |
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| 18 | 18 | | PROFESSIONALS AND THEIR EMPLOYEES. (a) In this section: |
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| 19 | 19 | | (1) "Person" means an individual or a private legal |
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| 20 | 20 | | entity, including a corporation, association, or partnership. |
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| 21 | 21 | | (2) "Wedding industry professional" means a person who |
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| 22 | 22 | | offers for sale or rent or sells or rents goods, services, |
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| 23 | 23 | | accommodations, or facilities for a purpose related to the |
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| 24 | 24 | | solemnization, formation, or celebration of any marriage. The term |
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| 25 | 25 | | includes a wedding planner, baker, caterer, photographer, |
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| 26 | 26 | | videographer, disc jockey, decorator, and wedding venue owner or |
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| 27 | 27 | | operator. |
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| 28 | 28 | | (b) A wedding industry professional or an individual |
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| 29 | 29 | | employed by a wedding industry professional while acting in the |
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| 30 | 30 | | scope of that employment may not be required to sell, rent, or |
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| 31 | 31 | | otherwise provide goods, services, accommodations, or facilities |
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| 32 | 32 | | for a purpose related to the solemnization, formation, or |
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| 33 | 33 | | celebration of any marriage if the action would cause the wedding |
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| 34 | 34 | | industry professional or employee to violate a sincerely held |
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| 35 | 35 | | religious belief. |
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| 36 | 36 | | Sec. 2005.002. DISCRIMINATION PROHIBITED. A refusal to |
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| 37 | 37 | | provide goods, services, accommodations, or facilities under |
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| 38 | 38 | | Section 2005.001 is not the basis for a civil or criminal cause of |
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| 39 | 39 | | action or any other action by this state or a political subdivision |
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| 40 | 40 | | of this state to penalize or withhold benefits or privileges, |
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| 41 | 41 | | including any tax exemptions or governmental contracts, grants, or |
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| 42 | 42 | | licenses, from any protected wedding industry professional or |
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| 43 | 43 | | employee. |
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| 44 | 44 | | Sec. 2005.003. PROTECTION UNDER OTHER LAW. To the extent |
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| 45 | 45 | | that a wedding industry professional or employee is entitled to |
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| 46 | 46 | | protection under this chapter and Subchapter G, Chapter 2, Family |
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| 47 | 47 | | Code, the prevailing provision is the provision that provides the |
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| 48 | 48 | | greater protection for the wedding industry professional or |
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| 49 | 49 | | employee. |
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| 50 | 50 | | SECTION 3. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2017. |
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