Texas 2017 - 85th Regular

Texas Senate Bill SB651 Compare Versions

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

Old	New	Differences
1	1	85R5332 MAW-F
2	2	By: Perry, Birdwell, Hughes S.B. No. 651
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to discrimination by a state agency against an applicant
8	8	for or holder of an occupational license.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The legislature finds that:
11	11	(1) as of January 1, 2017:
12	12	(A) there are over 65 professions for which the
13	13	state requires a person to obtain an occupational license;
14	14	(B) over one-third of the members of the house of
15	15	representatives hold occupational licenses; and
16	16	(C) over one-half of the members of the senate
17	17	hold occupational licenses;
18	18	(2) a significant portion of professions in this state
19	19	require an occupational license;
20	20	(3) the state maintains stringent standards for
21	21	obtaining an occupational license;
22	22	(4) professions requiring an occupational license
23	23	represent a vibrant and diverse sector of the state's economy;
24	24	(5) the due course of the law protection of Section 19,
25	25	Article I, Texas Constitution, prohibits the state from imposing
26	26	unreasonably burdensome economic regulations; and
27	27	(6) the state has a compelling or important
28	28	governmental interest in protecting occupational license holders
29	29	from discrimination based on a sincerely held religious belief by
30	30	the government in the regulation of the profession for which the
31	31	license is required.
32	32	SECTION 2. Chapter 57, Occupations Code, is amended by
33	33	adding Sections 57.003 and 57.004 to read as follows:
34	34	Sec. 57.003. CERTAIN RULES OR POLICIES PROHIBITED. (a) A
35	35	state agency that issues a license or otherwise regulates a
36	36	business, occupation, or profession may not adopt any rule,
37	37	regulation, or policy or impose a penalty that:
38	38	(1) limits an applicant's ability to obtain a license
39	39	based on a sincerely held religious belief of the applicant; or
40	40	(2) burdens a license holder's:
41	41	(A) free exercise of religion, regardless of
42	42	whether the burden is the result of a rule generally applicable to
43	43	all license holders;
44	44	(B) freedom of speech regarding a sincerely held
45	45	religious belief; or
46	46	(C) membership in any religious organization.
47	47	(b) Subsection (a) does not apply to a rule, regulation, or
48	48	policy adopted or a penalty imposed by a state agency that results
49	49	in a limitation or burden described by Subsection (a) if the rule,
50	50	regulation, policy, or penalty is:
51	51	(1) essential to enforcing a compelling governmental
52	52	purpose; and
53	53	(2) narrowly tailored to accomplish that purpose.
54	54	Sec. 57.004. ADMINISTRATIVE OR JUDICIAL RELIEF. (a) A
55	55	person may assert that a state agency rule, regulation, or policy,
56	56	or a penalty imposed by the agency, violates Section 57.003 as a
57	57	defense in an administrative hearing or as a claim or defense in a
58	58	judicial proceeding under Chapter 37, Civil Practice and Remedies
59	59	Code.
60	60	(b) A person may bring an action for injunctive relief
61	61	against a violation of Section 57.003.
62	62	SECTION 3. This Act takes effect immediately if it receives
63	63	a vote of two-thirds of all the members elected to each house, as
64	64	provided by Section 39, Article III, Texas Constitution. If this
65	65	Act does not receive the vote necessary for immediate effect, this
66	66	Act takes effect September 1, 2017.