Texas 2019 - 86th Regular

Texas Senate Bill SB85 Compare Versions

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

Old	New	Differences
1	1	86R1491 KKR-F
2	2	By: Hall S.B. No. 85
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of the conduct of certain counseling
8	8	professions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 501, Occupations Code, is
11	11	amended by adding Section 501.0031 to read as follows:
12	12	Sec. 501.0031. REFUSAL BASED ON RELIGIOUS BELIEF. (a) In
13	13	this section, "psychological services" has the meaning assigned by
14	14	Section 501.003.
15	15	(b) A person who holds a license under this chapter may
16	16	refuse to provide a psychological service to a person if providing
17	17	the service would cause the license holder to violate a sincerely
18	18	held religious belief.
19	19	(c) A license holder who refuses to provide a psychological
20	20	service to a person under Subsection (b) shall coordinate a
21	21	referral of the person to a psychologist, marriage and family
22	22	therapist, licensed professional counselor, chemical dependency
23	23	counselor, social worker, or licensed behavior analyst, as
24	24	appropriate, who agrees to provide the counseling or therapy
25	25	service.
26	26	(d) The board may not take disciplinary action against or
27	27	impose an administrative penalty on a license holder based on the
28	28	license holder's refusal to provide a psychological service under
29	29	Subsection (b).
30	30	(e) A person may not bring a cause of action against a
31	31	license holder based on the license holder's refusal to provide a
32	32	psychological service under Subsection (b).
33	33	(f) This state or a political subdivision of this state may
34	34	not penalize or withhold benefits, including tax exemptions,
35	35	governmental contracts, or grants, from a license holder based on
36	36	the license holder's refusal to provide a psychological service
37	37	under Subsection (b).
38	38	(g) A license holder's refusal to provide a psychological
39	39	service under Subsection (b) is not conduct that constitutes an
40	40	element of a criminal offense.
41	41	SECTION 2. Subchapter A, Chapter 502, Occupations Code, is
42	42	amended by adding Section 502.005 to read as follows:
43	43	Sec. 502.005. REFUSAL BASED ON RELIGIOUS BELIEF. (a) A
44	44	person who holds a license under this chapter may refuse to provide
45	45	marriage and family therapy to a person if providing the therapy
46	46	would cause the license holder to violate a sincerely held
47	47	religious belief.
48	48	(b) A license holder who refuses to provide marriage and
49	49	family therapy to a person under Subsection (a) shall coordinate a
50	50	referral of the person to a psychologist, marriage and family
51	51	therapist, licensed professional counselor, chemical dependency
52	52	counselor, social worker, or licensed behavior analyst, as
53	53	appropriate, who agrees to provide the counseling or therapy
54	54	service.
55	55	(c) The board may not take disciplinary action against or
56	56	impose an administrative penalty on a license holder based on the
57	57	license holder's refusal to provide marriage and family therapy
58	58	under Subsection (a).
59	59	(d) A person may not bring a cause of action against a
60	60	license holder based on the license holder's refusal to provide
61	61	marriage and family therapy under Subsection (a).
62	62	(e) This state or a political subdivision of this state may
63	63	not penalize or withhold benefits, including tax exemptions,
64	64	governmental contracts, or grants, from a license holder based on
65	65	the license holder's refusal to provide marriage and family therapy
66	66	under Subsection (a).
67	67	(f) A license holder's refusal to provide marriage and
68	68	family therapy under Subsection (a) is not conduct that constitutes
69	69	an element of a criminal offense.
70	70	SECTION 3. Subchapter A, Chapter 503, Occupations Code, is
71	71	amended by adding Section 503.0031 to read as follows:
72	72	Sec. 503.0031. REFUSAL BASED ON RELIGIOUS BELIEF. (a) A
73	73	licensed professional counselor may refuse to provide a service
74	74	within the practice of professional counseling to a person if
75	75	providing the service would cause the counselor to violate a
76	76	sincerely held religious belief.
77	77	(b) A licensed professional counselor who refuses to
78	78	provide a service to a person under Subsection (a) shall coordinate
79	79	a referral of the person to a psychologist, marriage and family
80	80	therapist, licensed professional counselor, chemical dependency
81	81	counselor, social worker, or licensed behavior analyst, as
82	82	appropriate, who agrees to provide the counseling or therapy
83	83	service.
84	84	(c) The board may not take disciplinary action against or
85	85	impose an administrative penalty on a licensed professional
86	86	counselor based on the counselor's refusal to provide a service
87	87	under Subsection (a).
88	88	(d) A person may not bring a cause of action against a
89	89	licensed professional counselor based on the counselor's refusal to
90	90	provide a service under Subsection (a).
91	91	(e) This state or a political subdivision of this state may
92	92	not penalize or withhold benefits, including tax exemptions,
93	93	governmental contracts, or grants, from a licensed professional
94	94	counselor based on the counselor's refusal to provide a service
95	95	under Subsection (a).
96	96	(f) A licensed professional counselor's refusal to provide
97	97	a service under Subsection (a) is not conduct that constitutes an
98	98	element of a criminal offense.
99	99	SECTION 4. Subchapter A, Chapter 504, Occupations Code, is
100	100	amended by adding Section 504.003 to read as follows:
101	101	Sec. 504.003. REFUSAL BASED ON RELIGIOUS BELIEF. (a) A
102	102	person who holds a license, registration, or certification under
103	103	this chapter may refuse to provide chemical dependency counseling
104	104	to a person if providing the counseling would cause the holder to
105	105	violate a sincerely held religious belief.
106	106	(b) A license, registration, or certificate holder who
107	107	refuses to provide chemical dependency counseling to a person under
108	108	Subsection (a) shall coordinate a referral of the person to a
109	109	psychologist, marriage and family therapist, licensed professional
110	110	counselor, chemical dependency counselor, social worker, or
111	111	licensed behavior analyst, as appropriate, who agrees to provide
112	112	the counseling or therapy service.
113	113	(c) The department may not take disciplinary action against
114	114	or impose an administrative penalty on a person who holds a license,
115	115	registration, or certification based on the holder's refusal to
116	116	provide chemical dependency counseling under Subsection (a).
117	117	(d) A person may not bring a cause of action against a person
118	118	who holds a license, registration, or certification based on the
119	119	holder's refusal to provide chemical dependency counseling under
120	120	Subsection (a).
121	121	(e) This state or a political subdivision of this state may
122	122	not penalize or withhold benefits, including tax exemptions,
123	123	governmental contracts, or grants, from a license, registration, or
124	124	certificate holder based on the holder's refusal to provide
125	125	chemical dependency counseling under Subsection (a).
126	126	(f) A license, registration, or certificate holder's
127	127	refusal to provide chemical dependency counseling under Subsection
128	128	(a) is not conduct that constitutes an element of a criminal
129	129	offense.
130	130	SECTION 5. Subchapter A, Chapter 505, Occupations Code, is
131	131	amended by adding Section 505.0026 to read as follows:
132	132	Sec. 505.0026. REFUSAL BASED ON RELIGIOUS BELIEF. (a) A
133	133	social worker may refuse to provide a service within the practice of
134	134	social work to a person if providing the service would cause the
135	135	social worker to violate a sincerely held religious belief.
136	136	(b) A social worker who refuses to provide a service to a
137	137	person under Subsection (a) shall coordinate a referral of the
138	138	person to a psychologist, marriage and family therapist, licensed
139	139	professional counselor, chemical dependency counselor, social
140	140	worker, or licensed behavior analyst, as appropriate, who agrees to
141	141	provide the counseling or therapy service.
142	142	(c) The board may not take disciplinary action against or
143	143	impose an administrative penalty on a social worker based on the
144	144	social worker's refusal to provide a service under Subsection (a).
145	145	(d) A person may not bring a cause of action against a social
146	146	worker based on the social worker's refusal to provide a service
147	147	under Subsection (a).
148	148	(e) This state or a political subdivision of this state may
149	149	not penalize or withhold benefits, including tax exemptions,
150	150	governmental contracts, or grants, from a social worker based on
151	151	the social worker's refusal to provide a service under Subsection
152	152	(a).
153	153	(f) A social worker's refusal to provide a service under
154	154	Subsection (a) is not conduct that constitutes an element of a
155	155	criminal offense.
156	156	SECTION 6. Subchapter A, Chapter 506, Occupations Code, is
157	157	amended by adding Section 506.004 to read as follows:
158	158	Sec. 506.004. REFUSAL BASED ON RELIGIOUS BELIEF. (a) A
159	159	person who holds a license under this chapter may refuse to provide
160	160	a service within the practice of applied behavior analysis to a
161	161	person if providing the service would cause the license holder to
162	162	violate a sincerely held religious belief.
163	163	(b) A license holder who refuses to provide a service to a
164	164	person under Subsection (a) shall coordinate a referral of the
165	165	person to a psychologist, marriage and family therapist, licensed
166	166	professional counselor, chemical dependency counselor, social
167	167	worker, or licensed behavior analyst, as appropriate, who agrees to
168	168	provide the counseling or therapy service.
169	169	(c) The board may not take disciplinary action against or
170	170	impose an administrative penalty on a license holder based on the
171	171	license holder's refusal to provide a service under Subsection (a).
172	172	(d) A person may not bring a cause of action against a
173	173	license holder based on the license holder's refusal to provide a
174	174	service under Subsection (a).
175	175	(e) This state or a political subdivision of this state may
176	176	not penalize or withhold benefits, including tax exemptions,
177	177	governmental contracts, or grants, from a license holder based on
178	178	the license holder's refusal to provide a service under Subsection
179	179	(a).
180	180	(f) A license holder's refusal to provide a service under
181	181	Subsection (a) is not conduct that constitutes an element of a
182	182	criminal offense.
183	183	SECTION 7. The change in law made by this Act applies only
184	184	to conduct that occurs on or after the effective date of this Act.
185	185	Conduct that occurs before the effective date of this Act is
186	186	governed by the law in effect on the date the conduct occurred, and
187	187	the former law is continued in effect for that purpose.
188	188	SECTION 8. This Act takes effect September 1, 2019.