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