Texas 2017 - 85th Regular

Texas House Bill HB3859 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3859
	1	+	By: Frank, et al. (Senate Sponsor - Perry) H.B. No. 3859
	2	+	(In the Senate - Received from the House May 11, 2017;
	3	+	May 11, 2017, read first time and referred to Committee on Health &
	4	+	Human Services; May 17, 2017, reported favorably by the following
	5	+	vote: Yeas 6, Nays 3; May 17, 2017, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to protection of the rights of conscience for child
6	12		welfare services providers.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Subtitle D, Title 2, Human Resources Code, is
9	15		amended by adding Chapter 45 to read as follows:
10	16		CHAPTER 45. PROTECTION OF RIGHTS OF CONSCIENCE FOR
11	17		CHILD WELFARE SERVICES PROVIDERS
12	18		Sec. 45.001. LEGISLATIVE INTENT. It is the intent of the
13	19		legislature to maintain a diverse network of service providers that
14	20		offer a range of foster capacity options and that accommodate
15	21		children from various cultural backgrounds. To that end, the
16	22		legislature expects reasonable accommodations to be made by the
17	23		state to allow people of diverse backgrounds and beliefs to be a
18	24		part of meeting the needs of children in the child welfare system.
19	25		Decisions regarding the placement of children shall continue to be
20	26		made in the best interest of the child, including which person is
21	27		best able to provide for the child's physical, psychological, and
22	28		emotional needs and development.
23	29		Sec. 45.002. DEFINITIONS. In this chapter:
24	30		(1) "Adverse action" means any action that directly or
25	31		indirectly adversely affects the person against whom the adverse
26	32		action is taken, places the person in a worse position than the
27	33		person was in before the adverse action was taken, or is likely to
28	34		deter a reasonable person from acting or refusing to act. An adverse
29	35		action includes:
30	36		(A) denying an application for, refusing to
31	37		renew, or canceling funding;
32	38		(B) declining to enter into, refusing to renew,
33	39		or canceling a contract;
34	40		(C) declining to issue, refusing to renew, or
35	41		canceling a license;
36	42		(D) terminating, suspending, demoting, or
37	43		reassigning a person; and
38	44		(E) limiting the ability of a person to engage in
39	45		child welfare services.
40	46		(2) "Catchment area" means a geographic service area
41	47		for providing child protective services or child welfare services.
42	48		(3) "Child welfare services" means social services
43	49		provided to or on behalf of children, including:
44	50		(A) assisting abused or neglected children;
45	51		(B) counseling children or parents;
46	52		(C) promoting foster parenting;
47	53		(D) providing foster homes, general residential
48	54		operations, residential care, adoptive homes, group homes, or
49	55		temporary group shelters for children;
50	56		(E) recruiting foster parents;
51	57		(F) placing children in foster homes;
52	58		(G) licensing foster homes;
53	59		(H) promoting adoption or recruiting adoptive
54	60		parents;
55	61		(I) assisting adoptions or supporting adoptive
56	62		families;
57	63		(J) performing or assisting home studies;
58	64		(K) assisting kinship guardianships or kinship
59	65		caregivers;
60	66		(L) providing family preservation services;
61	67		(M) providing family support services;
62	68		(N) providing temporary family reunification
63	69		services;
64	70		(O) placing children in adoptive homes; and
65	71		(P) serving as a foster parent.
66	72		(4) "Child welfare services provider" means a person,
67	73		other than a governmental entity, that provides, seeks to provide,
68	74		or applies for or receives a contract, subcontract, grant,
69	75		subgrant, or cooperative agreement to provide child welfare
70	76		services. The person is not required to be engaged exclusively in
71	77		child welfare services to be a child welfare services provider.
72	78		(5) "Governmental entity" means:
73	79		(A) this state or a municipality or other
74	80		political subdivision of this state;
75	81		(B) any agency of this state or of a municipality
76	82		or other political subdivision of this state, including a
77	83		department, bureau, board, commission, office, agency, council,
78	84		and public institution of higher education; or
79	85		(C) a single source continuum contractor in this
80	86		state providing services identified under Section 264.126, Family
81	87		Code.
82	88		Sec. 45.003. APPLICABILITY. (a) This chapter applies to
83	89		any ordinance, rule, order, decision, practice, or other exercise
84	90		of governmental authority.
85	91		(b) This chapter applies to an act of a governmental entity,
86	92		in the exercise of governmental authority, granting or refusing to
87	93		grant a government benefit to a child welfare services provider.
88	94		Sec. 45.004. CHILD WELFARE SERVICES PROVIDERS PROTECTED. A
89	95		governmental entity or any person that contracts with this state or
90	96		operates under governmental authority to refer or place children
91	97		for child welfare services may not discriminate or take any adverse
92	98		action against a child welfare services provider on the basis,
93	99		wholly or partly, that the provider:
94	100		(1) has declined or will decline to provide,
95	101		facilitate, or refer a person for child welfare services that
96	102		conflict with, or under circumstances that conflict with, the
97	103		provider's sincerely held religious beliefs;
98	104		(2) provides or intends to provide children under the
99	105		control, care, guardianship, or direction of the provider with a
100	106		religious education, including through placing the children in a
101	107		private or parochial school or otherwise providing a religious
102	108		education in accordance with the laws of this state;
103	109		(3) has declined or will decline to provide,
104	110		facilitate, or refer a person for abortions, contraceptives, or
105	111		drugs, devices, or services that are potentially
106	112		abortion-inducing; or
107	113		(4) refuses to enter into a contract that is
108	114		inconsistent with or would in any way interfere with or force a
109	115		provider to surrender the rights created by this chapter.
110	116		Sec. 45.005. SECONDARY SERVICES PROVIDERS AND REFERRALS.
111	117		(a) A child welfare services provider may not be required to
112	118		provide any service that conflicts with the provider's sincerely
113	119		held religious beliefs.
114	120		(b) A governmental entity or any person that operates under
115	121		governmental authority to refer or place children for child welfare
116	122		services shall:
117	123		(1) ensure that a secondary child welfare services
118	124		provider is available in that catchment area to provide a service
119	125		described by Subsection (a) to a child; or
120	126		(2) if there is an insufficient number of secondary
121	127		services providers willing or available in that catchment area to
122	128		provide that service, provide for one or more secondary services
123	129		providers in a nearby catchment area.
124	130		(c) A child welfare services provider who declines to
125	131		provide a child welfare service as authorized by this section
126	132		shall:
127	133		(1) provide to the person seeking the service written
128	134		information directing the person to:
129	135		(A) the web page on the department's Internet
130	136		website that includes a list of other licensed child welfare
131	137		services providers; or
132	138		(B) other information sources that identify
133	139		other licensed child welfare services providers who provide the
134	140		service being denied;
135	141		(2) refer the applicant to another licensed child
136	142		welfare services provider who provides the service being denied; or
137	143		(3) refer the applicant to the department or to a
138	144		single source continuum contractor to identify and locate a
139	145		licensed child welfare services provider who provides the service
140	146		being denied.
141	147		Sec. 45.006. PRIVATE RIGHT OF ACTION. A child welfare
142	148		services provider may assert an actual or threatened violation of
143	149		this chapter as a claim or defense in a judicial or administrative
144	150		proceeding and obtain the relief specified in Section 45.007.
145	151		Sec. 45.007. REMEDIES. (a) A child welfare services
146	152		provider who successfully asserts a claim or defense under this
147	153		chapter is entitled to recover:
148	154		(1) declaratory relief under Chapter 37, Civil
149	155		Practice and Remedies Code; or
150	156		(2) injunctive relief to prevent the threatened or
151	157		continued adverse action.
152	158		(b) A person may not bring an action for declaratory or
153	159		injunctive relief against an individual, other than an action
154	160		brought against an individual acting in the individual's official
155	161		capacity.
156	162		Sec. 45.008. IMMUNITY WAIVED. (a) Sovereign and
157	163		governmental immunity to suit are waived.
158	164		(b) Notwithstanding Subsection (a), this chapter does not
159	165		waive or abolish sovereign immunity to suit under the Eleventh
160	166		Amendment to the United States Constitution.
161	167		Sec. 45.009. EFFECT ON RIGHTS; CONSTRUCTION OF LAW. (a)
162	168		This chapter may not be construed to authorize a governmental
163	169		entity to burden a person's free exercise of religion.
164	170		(b) The protections of religious freedom afforded by this
165	171		chapter are in addition to the protections provided under federal
166	172		or state law and the constitutions of this state and the United
167	173		States.
168	174		(c) This chapter may not be construed to supersede any law
169	175		of this state that is equally as protective of religious beliefs as,
170	176		or more protective of religious beliefs than, this chapter.
171	177		(d) This chapter may not be considered to narrow the meaning
172	178		or application of any other law protecting religious beliefs.
173	179		(e) This chapter may not be construed to prevent law
174	180		enforcement officers from exercising duties imposed on the officers
175	181		under the Family Code and the Penal Code.
176	182		(f) This chapter may not be construed to allow a child
177	183		welfare services provider to decline to provide, facilitate, or
178	184		refer a person for child welfare services on the basis of that
179	185		person's race, ethnicity, or national origin.
180	186		(g) This chapter may not be construed to allow a child
181	187		welfare services provider to deprive a minor of the rights,
182	188		including the right to medical care, provided by Chapters 32, 263,
183	189		and 266, Family Code.
184	190		(h) This chapter may not be construed to prohibit the
185	191		department from:
186	192		(1) exercising its duty as the child's managing
187	193		conservator to make decisions in the child's best interest; or
188	194		(2) obtaining necessary child welfare services from an
189	195		alternate child welfare services provider.
190	196		Sec. 45.010. INTERPRETATION. This chapter shall be
191	197		liberally construed to effectuate its remedial and deterrent
192	198		purposes.
193	199		SECTION 2. This Act takes effect immediately if it receives
194	200		a vote of two-thirds of all the members elected to each house, as
195	201		provided by Section 39, Article III, Texas Constitution. If this
196	202		Act does not receive the vote necessary for immediate effect, this
197	203		Act takes effect September 1, 2017.
198		-	______________________________ ______________________________
199		-	President of the Senate Speaker of the House
200		-	I certify that H.B. No. 3859 was passed by the House on May
201		-	10, 2017, by the following vote: Yeas 93, Nays 49, 3 present, not
202		-	voting.
203		-	______________________________
204		-	Chief Clerk of the House
205		-	I certify that H.B. No. 3859 was passed by the Senate on May
206		-	22, 2017, by the following vote: Yeas 21, Nays 10.
207		-	______________________________
208		-	Secretary of the Senate
209		-	APPROVED: _____________________
210		-	Date
211		-	_____________________
212		-	Governor
	204	+	* * * * *