Texas 2019 - 86th Regular

Texas House Bill HB3172 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Krause, et al. H.B. No. 3172
2		-	Substitute the following for H.B. No. 3172:
3		-	By: Phelan C.S.H.B. No. 3172
	1	+	86R12936 YDB-F
	2	+	By: Krause H.B. No. 3172
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8		-	relating to the protection of ~~membership in~~ and ~~support to~~
9		-	~~religious organizations~~.
	7	+	relating to the protection of religious beliefs and moral
	8	+	convictions, including beliefs and convictions regarding marriage.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Title 10, Government Code, is amended by adding
12	11		Subtitle H to read as follows:
13	12		SUBTITLE H. PROHIBITED ADVERSE ACTIONS BY GOVERNMENT
14		-	CHAPTER 2400. PROTECTION OF ~~MEMBERSHIP IN~~ AND ~~SUPPORT TO RELIGIOUS~~
15		-	~~ORGANIZATIONS~~
	13	+	CHAPTER 2400. PROTECTION OF RELIGIOUS BELIEFS AND
	14	+	MORAL CONVICTIONS
16	15		Sec. 2400.001. DEFINITIONS. In this chapter:
17	16		(1) "Adverse action" means any action taken by a
18	17		governmental entity to:
19	18		(A) withhold, reduce, exclude, terminate, or
20	19		otherwise deny any grant, contract, subcontract, cooperative
21	20		agreement, loan, scholarship, license, registration,
22	21		accreditation, employment, or other similar status from or to a
23	22		person;
24	23		(B) withhold, reduce, exclude, terminate, or
25	24		otherwise deny any benefit provided under a benefit program from or
26	25		to a person;
27	26		(C) alter in any way the tax treatment of, cause
28	27		any tax, penalty, or payment assessment against, or deny, delay, or
29	28		revoke a tax exemption of a person;
30	29		(D) disallow a tax deduction for any charitable
31	30		contribution made to or by a person;
32	31		(E) deny admission to, equal treatment in, or
33	32		eligibility for a degree from an educational program or institution
34	33		to a person; or
35	34		(F) withhold, reduce, exclude, terminate, or
36	35		otherwise deny access to a property, educational institution,
37	36		speech forum, or charitable fund-raising campaign from or to a
38	37		person.
39	38		(2) "Benefit program" means any program administered
40	39		or funded by a governmental entity or federal agency that provides
41	40		assistance in the form of payments, grants, loans, or loan
42	41		guarantees.
43	42		(3) "Governmental entity" means:
44	43		(A) this state;
45	44		(B) a board, commission, council, department, or
46	45		other agency in the executive branch of state government that is
47	46		created by the state constitution or a statute, including an
48	47		institution of higher education as defined by Section 61.003,
49	48		Education Code;
50	49		(C) the legislature or a legislative agency;
51		-	(D) a state judicial agency or the State Bar of
52		-	Texas;
	50	+	(D) the Texas Supreme Court, the Texas Court of
	51	+	Criminal Appeals, a state judicial agency, the State Bar of Texas,
	52	+	or a court in this state;
53	53		(E) a political subdivision of this state,
54	54		including a county, municipality, or special district or authority;
55	55		or
56	56		(F) an officer, employee, or agent of an entity
57	57		described by Paragraphs (A)-(E).
58	58		(4) "Person" has the meaning assigned by Section
59	59		311.005, except the term does not include:
60	60		(A) an employee of a governmental entity acting
61	61		within the employee's scope of employment;
62	62		(B) a contractor of a governmental entity acting
63	63		within the scope of the contract; or
64	64		(C) an individual or a medical or residential
65	65		custodial health care facility while the individual or facility is
66	66		providing medically necessary services to prevent another
67	67		individual's death or imminent serious physical injury.
68	68		Sec. 2400.002. ADVERSE ACTION PROHIBITED. Notwithstanding
69	69		any other law, a governmental entity may not take any adverse action
70		-	against any person based wholly or partly on the person's
71		-	membership in, affiliation with, or contribution, donation, or
72		-	other support provided to a religious organization.
	70	+	against any person based wholly or partly on a person's belief or
	71	+	action in accordance with the person's sincerely held religious
	72	+	belief or moral conviction, including beliefs or convictions
	73	+	regarding marriage.
73	74		Sec. 2400.003. RELIEF AVAILABLE. (a) A person may assert
74	75		an actual or threatened violation of Section 2400.002 as a claim or
75	76		defense in a judicial or administrative proceeding and obtain:
76		-	(1) injunctive relief;
77		-	(2) declaratory relief; and
78		-	(3) court costs and reasonable attorney's fees.
	77	+	(1) compensatory damages;
	78	+	(2) injunctive relief;
	79	+	(3) declaratory relief; and
	80	+	(4) any other appropriate relief, including
	81	+	reasonable attorney's fees.
79	82		(b) Notwithstanding any other law, a person may commence an
80	83		action under this section and relief may be granted regardless of
81	84		whether the person has sought or exhausted available administrative
82	85		remedies.
83	86		Sec. 2400.004. IMMUNITY WAIVED. A person who alleges a
84	87		violation of Section 2400.002 may sue the governmental entity for
85	88		the relief provided under Section 2400.003. Sovereign or
86	89		governmental immunity, as applicable, is waived and abolished to
87	90		the extent of liability for that relief.
88	91		Sec. 2400.005. ATTORNEY GENERAL ACTION; INTERVENTION IN
89	92		PROCEEDING. (a) The attorney general may bring an action for
90	93		injunctive or declaratory relief against a governmental entity or
91	94		an officer or employee of a governmental entity to enforce
92	95		compliance with this chapter.
93	96		(b) This section may not be construed to deny, impair, or
94	97		otherwise affect any authority of the attorney general or a
95	98		governmental entity acting under other law to institute or
96	99		intervene in a proceeding.
97		-	(c) The attorney general may not recover expenses incurred
98		-	in bringing, instituting, or intervening in an action under this
99		-	section.
	100	+	(c) The attorney general may recover reasonable expenses
	101	+	incurred in bringing, instituting, or intervening in an action
	102	+	under this section, including court costs, reasonable attorney's
	103	+	fees, reasonable investigative costs, witness fees, and deposition
	104	+	expenses.
100	105		Sec. 2400.006. INTERPRETATION. (a) This chapter may not be
101	106		construed to preempt a state or federal law that is equally or more
102		-	protective of the free exercise of religious beliefs or to narrow
103		-	the meaning or application of a state or federal law protecting the
104		-	free exercise of religious beliefs.
	107	+	protective of the free exercise of religious beliefs and moral
	108	+	convictions or to narrow the meaning or application of a state or
	109	+	federal law protecting the free exercise of religious beliefs and
	110	+	moral convictions.
105	111		(b) This chapter may not be construed to prevent a
106	112		governmental entity from providing, either directly or through a
107	113		person who is not seeking protection under this chapter, any
108	114		benefit or service authorized under state or federal law.
109	115		SECTION 2. This Act takes effect immediately if it receives
110	116		a vote of two-thirds of all the members elected to each house, as
111	117		provided by Section 39, Article III, Texas Constitution. If this
112	118		Act does not receive the vote necessary for immediate effect, this
113	119		Act takes effect September 1, 2019.