Texas 2017 - 85th Regular

Texas Senate Bill SB1536 Compare Versions

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

Old	New	Differences
1	1	85R2723 MK-D
2	2	By: Campbell, Perry S.B. No. 1536
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the ability of a child-placing agency to decline to
8	8	provide services or accept a referral from the Department of Family
9	9	and Protective Services on the basis of sincerely held religious
10	10	beliefs.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
13	13	is amended by adding Section 42.066 to read as follows:
14	14	Sec. 42.066. REFUSAL OF CHILD-PLACING AGENCY TO PROVIDE
15	15	SERVICES OR ACCEPT REFERRALS UNDER CERTAIN CIRCUMSTANCES. (a) In
16	16	this section:
17	17	(1) "Adverse action" includes:
18	18	(A) denying an application for, refusing to
19	19	renew, or canceling funding;
20	20	(B) declining to enter into, refusing to renew,
21	21	or canceling a contract;
22	22	(C) declining to issue, refusing to renew, or
23	23	canceling a license;
24	24	(D) limiting a person's ability to participate in
25	25	a government program;
26	26	(E) pursuing an enforcement action against a
27	27	person; or
28	28	(F) taking any action that materially alters the
29	29	terms or conditions of funding, a contract, or a license.
30	30	(2) "Governmental entity" means:
31	31	(A) this state or a municipality or other
32	32	political subdivision of this state; or
33	33	(B) any agency of this state or of a municipality
34	34	or other political subdivision of this state, including a
35	35	department, bureau, board, commission, office, agency, council,
36	36	court, and public institution of higher education.
37	37	(3) "Services" means any service provided by a
38	38	child-placing agency, excluding case management or adoption
39	39	services provided under contract with the department.
40	40	(4) "Sincerely held religious belief" means a
41	41	religious belief adhered to by a child-placing agency that is
42	42	contained in a written policy, statement of faith, or other
43	43	document created by the child-placing agency.
44	44	(b) A child-placing agency is not required to provide a
45	45	service if the service, or the circumstances under which the
46	46	service will be provided, conflicts with the child-placing agency's
47	47	sincerely held religious beliefs.
48	48	(c) If a child-placing agency declines to provide a service
49	49	under Subsection (b), the child-placing agency shall:
50	50	(1) provide the applicant for the service with the
51	51	written contact information for the department and any other
52	52	adoption or foster care service providers; and
53	53	(2) promptly refer the applicant to:
54	54	(A) another child-placing agency that performs
55	55	the service and is currently able to perform the service; or
56	56	(B) the list of child-placing agencies on the
57	57	department's website.
58	58	(d) If a child-placing agency has a contract with the
59	59	department, and the department makes a referral to the
60	60	child-placing agency for foster care case management or adoption
61	61	services under that contract, the child-placing agency may decline
62	62	the referral if providing the services required by the referral
63	63	would conflict with the child-placing agency's sincerely held
64	64	religious beliefs. The department may not control or influence the
65	65	child-placing agency's decision to engage in activities or provide
66	66	services required by a referral.
67	67	(e) For purposes of Subsection (d), a child-placing agency
68	68	accepts a referral when the child-placing agency:
69	69	(1) submits a written agreement to perform the
70	70	services required by the referral for a particular child to the
71	71	department; or
72	72	(2) engages in any activity in relation to the
73	73	referral that would result in the department being obligated to pay
74	74	the child-placing agency for the provision of services.
75	75	(f) A governmental entity may not take an adverse action
76	76	against a child-placing agency on the basis of the child-placing
77	77	agency's declining to provide services under Subsection (b) or
78	78	declining to accept a referral from the department under Subsection
79	79	(d).
80	80	(g) It is an affirmative defense in an administrative or
81	81	judicial proceeding against a child-placing agency regarding the
82	82	provision of services or acceptance of a referral that the
83	83	child-placing agency declined to provide services or accept a
84	84	referral from the department on the basis of a sincerely held
85	85	religious belief.
86	86	(h) A child-placing agency's decision to decline a referral
87	87	from the department to provide case management or adoption services
88	88	for a child may not be considered as a factor in determining whether
89	89	a placement in connection with the referral is in the best interest
90	90	of the child.
91	91	SECTION 2. This Act takes effect September 1, 2017.