By: Hefner H.B. No. 4497
A BILL TO BE ENTITLED
AN ACT
relating to protecting freedom of conscience from government
discrimination for businesses and other persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 5, Civil Practice and Remedies Code, is
amended by adding Chapter 110A to read as follows:
CHAPTER 110A. FREEDOM OF CONSCIENCE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 110A.001. DEFINITIONS. In this chapter:
(1) "Discriminatory action" means any action taken by
a governmental entity to:
(A) withhold, reduce, exclude, terminate,
materially alter the terms or conditions of, or otherwise make
unavailable or deny any grant, contract, subcontract, cooperative
agreement, guarantee, loan, license, certification, recognition,
or other similar benefit, position, or status from or to a person;
(B) withhold, reduce, exclude, terminate,
materially alter the terms or conditions of, or otherwise make
unavailable or deny an entitlement or benefit provided under a
state 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,
revoke, or otherwise make unavailable a tax exemption of a person;
(D) disallow, deny, or otherwise make
unavailable a tax deduction for any charitable contribution made to
or by a person; or
(E) impose, levy, or assess a monetary fine, fee,
penalty, or injunction against a person.
(2) "Governmental entity" means:
(A) this state;
(B) a board, bureau, commission, council,
department, or other agency of this state;
(C) the Texas Supreme Court, the Texas Court of
Criminal Appeals, a state judicial agency, the State Bar of Texas,
or a court in this state;
(D) a political subdivision of this state,
including a county, municipality, or special district or authority;
(E) an officer, employee, or agent of an entity
described by Paragraphs (A)-(D); or
(F) a private person suing under or attempting to
enforce a law, rule, order, or ordinance adopted by an entity
described by Paragraphs (A)-(D).
(3) "Person" has the meaning assigned by Section
311.005, Government Code.
Sec. 110A.002. SINCERELY HELD RELIGIOUS BELIEF OR MORAL
CONVICTION. The sincerely held religious belief or moral
conviction protected by this chapter is the belief or conviction
that marriage is or should be recognized as the union of one man and
one woman.
Sec. 110A.003. CONSTRUCTION OF CHAPTER. (a) This chapter
shall be construed in favor of a broad protection of the free
exercise of religious belief and moral conviction to the maximum
extent allowed by this chapter and the state and federal
constitutions.
(b) The protections of free exercise of religious belief and
moral conviction afforded by this chapter are in addition to the
protections provided under federal or state law and the state and
federal constitutions.
(c) This chapter may not be construed to preempt or repeal a
state or local law that is equally or more protective of the free
exercise of religious belief or moral conviction or to narrow the
meaning or application of a state or local law protecting the free
exercise of religious belief or moral conviction.
(d) 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 law.
(e) This chapter applies to and in case of conflict
supersedes each statute of this state that impinges on the free
exercise of religious belief or moral conviction protected by this
chapter. This chapter also applies to and in case of conflict
supersedes an ordinance, rule, regulation, order, opinion,
decision, practice, or other exercise of a governmental entity's
authority that impinges on the free exercise of religious belief or
moral conviction protected by this chapter.
Sec. 110A.004. APPLICABILITY. This chapter is excluded
from the application of Chapter 110.
SUBCHAPTER B. CERTAIN DISCRIMINATORY ACTION BY GOVERNMENTAL ENTITY
PROHIBITED
Sec. 110A.051. MARRIAGE-RELATED GOODS AND SERVICES. A
governmental entity may not take any discriminatory action against
a person wholly or partly because the person, based on or in a
manner consistent with a sincerely held religious belief or moral
conviction protected by this chapter, has provided or declined to
provide the following for a purpose related to the solemnization,
formation, celebration, or recognition of a marriage:
(1) photography, poetry, videography, disc jockey
services, wedding planning, printing, publishing, or similar
marriage-related goods or services; or
(2) floral arrangements, dressmaking, cake or pastry
artistry, assembly hall or other wedding venue rentals, or similar
marriage-related services, accommodations, facilities, goods, or
privileges.
SUBCHAPTER C. PROCEDURES
Sec. 110A.101. SOVEREIGN IMMUNITY WAIVED. Sovereign
immunity to suit and from liability is waived and abolished to the
extent of liability created by Section 110A.103. A person may sue a
governmental entity for damages allowed by that section.
Sec. 110A.102. CLAIM OR DEFENSE BASED ON DISCRIMINATORY
ACTION. (a) A person may assert a violation of Subchapter B as a
claim against a governmental entity in a judicial or administrative
proceeding or as a defense in a judicial or administrative
proceeding without regard to whether the proceeding is brought by
or in the name of the governmental entity, a private person, or
another party.
(b) An action under this chapter may be commenced, and
relief may be granted, in a court of this state without regard to
whether the person commencing the action has sought or exhausted
available administrative remedies.
Sec. 110A.103. INJUNCTIVE RELIEF; DAMAGES. (a) An
aggrieved person must first seek injunctive relief to prevent or
remedy a violation of this chapter or the effects of a violation of
this chapter.
(b) Subject to Subsections (c) and (d), if a court has
granted injunctive relief and the injunction is violated, only then
may the aggrieved person seek:
(1) compensatory damages for pecuniary and
nonpecuniary losses;
(2) reasonable attorney's fees and court costs; and
(3) any other appropriate relief.
(c) Only declaratory relief and injunctive relief are
available against a private person not acting under the authority
of a governmental entity on a successful assertion of a claim or
defense under this chapter.
(d) Liability of a governmental entity for compensatory
damages under Subsection (b)(1) may not exceed $500,000 for all
claims arising out of a single occurrence. A person is not entitled
to recover exemplary damages or prejudgment interest under this
chapter.
Sec. 110A.104. TWO-YEAR LIMITATIONS PERIOD. A person must
bring an action to assert a claim under this chapter not later than
two years after the date the person knew or should have known that a
discriminatory action was taken against that person.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law applicable to the cause of action
immediately before that date, and that law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2019.