By: Krause, et al. H.B. No. 3172
Substitute the following for H.B. No. 3172:
By: Phelan C.S.H.B. No. 3172
A BILL TO BE ENTITLED
AN ACT
relating to the protection of membership in and support to
religious organizations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 10, Government Code, is amended by adding
Subtitle H to read as follows:
SUBTITLE H. PROHIBITED ADVERSE ACTIONS BY GOVERNMENT
CHAPTER 2400. PROTECTION OF MEMBERSHIP IN AND SUPPORT TO RELIGIOUS
ORGANIZATIONS
Sec. 2400.001. DEFINITIONS. In this chapter:
(1) "Adverse action" means any action taken by a
governmental entity to:
(A) withhold, reduce, exclude, terminate, or
otherwise deny any grant, contract, subcontract, cooperative
agreement, loan, scholarship, license, registration,
accreditation, employment, or other similar status from or to a
person;
(B) withhold, reduce, exclude, terminate, or
otherwise deny any benefit provided under a benefit program from or
to a person;
(C) alter in any way the tax treatment of, cause
any tax, penalty, or payment assessment against, or deny, delay, or
revoke a tax exemption of a person;
(D) disallow a tax deduction for any charitable
contribution made to or by a person;
(E) deny admission to, equal treatment in, or
eligibility for a degree from an educational program or institution
to a person; or
(F) withhold, reduce, exclude, terminate, or
otherwise deny access to a property, educational institution,
speech forum, or charitable fund-raising campaign from or to a
person.
(2) "Benefit program" means any program administered
or funded by a governmental entity or federal agency that provides
assistance in the form of payments, grants, loans, or loan
guarantees.
(3) "Governmental entity" means:
(A) this state;
(B) a board, commission, council, department, or
other agency in the executive branch of state government that is
created by the state constitution or a statute, including an
institution of higher education as defined by Section 61.003,
Education Code;
(C) the legislature or a legislative agency;
(D) a state judicial agency or the State Bar of
Texas;
(E) a political subdivision of this state,
including a county, municipality, or special district or authority;
or
(F) an officer, employee, or agent of an entity
described by Paragraphs (A)-(E).
(4) "Person" has the meaning assigned by Section
311.005, except the term does not include:
(A) an employee of a governmental entity acting
within the employee's scope of employment;
(B) a contractor of a governmental entity acting
within the scope of the contract; or
(C) an individual or a medical or residential
custodial health care facility while the individual or facility is
providing medically necessary services to prevent another
individual's death or imminent serious physical injury.
Sec. 2400.002. ADVERSE ACTION PROHIBITED. Notwithstanding
any other law, a governmental entity may not take any adverse action
against any person based wholly or partly on the person's
membership in, affiliation with, or contribution, donation, or
other support provided to a religious organization.
Sec. 2400.003. RELIEF AVAILABLE. (a) A person may assert
an actual or threatened violation of Section 2400.002 as a claim or
defense in a judicial or administrative proceeding and obtain:
(1) injunctive relief;
(2) declaratory relief; and
(3) court costs and reasonable attorney's fees.
(b) Notwithstanding any other law, a person may commence an
action under this section and relief may be granted regardless of
whether the person has sought or exhausted available administrative
remedies.
Sec. 2400.004. IMMUNITY WAIVED. A person who alleges a
violation of Section 2400.002 may sue the governmental entity for
the relief provided under Section 2400.003. Sovereign or
governmental immunity, as applicable, is waived and abolished to
the extent of liability for that relief.
Sec. 2400.005. ATTORNEY GENERAL ACTION; INTERVENTION IN
PROCEEDING. (a) The attorney general may bring an action for
injunctive or declaratory relief against a governmental entity or
an officer or employee of a governmental entity to enforce
compliance with this chapter.
(b) This section may not be construed to deny, impair, or
otherwise affect any authority of the attorney general or a
governmental entity acting under other law to institute or
intervene in a proceeding.
(c) The attorney general may not recover expenses incurred
in bringing, instituting, or intervening in an action under this
section.
Sec. 2400.006. INTERPRETATION. (a) This chapter may not be
construed to preempt a state or federal law that is equally or more
protective of the free exercise of religious beliefs or to narrow
the meaning or application of a state or federal law protecting the
free exercise of religious beliefs.
(b) This chapter may not be construed to prevent a
governmental entity from providing, either directly or through a
person who is not seeking protection under this chapter, any
benefit or service authorized under state or federal law.
SECTION 2. 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, 2019.