85R5332 MAW-F
By: Perry, Birdwell, Hughes S.B. No. 651
A BILL TO BE ENTITLED
AN ACT
relating to discrimination by a state agency against an applicant
for or holder of an occupational license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that:
(1) as of January 1, 2017:
(A) there are over 65 professions for which the
state requires a person to obtain an occupational license;
(B) over one-third of the members of the house of
representatives hold occupational licenses; and
(C) over one-half of the members of the senate
hold occupational licenses;
(2) a significant portion of professions in this state
require an occupational license;
(3) the state maintains stringent standards for
obtaining an occupational license;
(4) professions requiring an occupational license
represent a vibrant and diverse sector of the state's economy;
(5) the due course of the law protection of Section 19,
Article I, Texas Constitution, prohibits the state from imposing
unreasonably burdensome economic regulations; and
(6) the state has a compelling or important
governmental interest in protecting occupational license holders
from discrimination based on a sincerely held religious belief by
the government in the regulation of the profession for which the
license is required.
SECTION 2. Chapter 57, Occupations Code, is amended by
adding Sections 57.003 and 57.004 to read as follows:
Sec. 57.003. CERTAIN RULES OR POLICIES PROHIBITED. (a) A
state agency that issues a license or otherwise regulates a
business, occupation, or profession may not adopt any rule,
regulation, or policy or impose a penalty that:
(1) limits an applicant's ability to obtain a license
based on a sincerely held religious belief of the applicant; or
(2) burdens a license holder's:
(A) free exercise of religion, regardless of
whether the burden is the result of a rule generally applicable to
all license holders;
(B) freedom of speech regarding a sincerely held
religious belief; or
(C) membership in any religious organization.
(b) Subsection (a) does not apply to a rule, regulation, or
policy adopted or a penalty imposed by a state agency that results
in a limitation or burden described by Subsection (a) if the rule,
regulation, policy, or penalty is:
(1) essential to enforcing a compelling governmental
purpose; and
(2) narrowly tailored to accomplish that purpose.
Sec. 57.004. ADMINISTRATIVE OR JUDICIAL RELIEF. (a) A
person may assert that a state agency rule, regulation, or policy,
or a penalty imposed by the agency, violates Section 57.003 as a
defense in an administrative hearing or as a claim or defense in a
judicial proceeding under Chapter 37, Civil Practice and Remedies
Code.
(b) A person may bring an action for injunctive relief
against a violation of Section 57.003.
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.