By: Sanford H.B. No. 1239
A BILL TO BE ENTITLED
AN ACT
relating to prohibited suspension of laws protecting religious
freedom and prohibited closure of places of worship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 110.001(a), Civil Practices and Remedies
Code, is amended by adding Subdivisions (3) and (4) to read as
follows:
(3) "Place of worship" means a building or grounds
where religious activities are conducted.
(4) "Public official" means any elected or appointed
officer, employee, or agent of the state or any political
subdivision, board, commission, bureau, or other public body
established by law.
SECTION 2. Amend Section 110.002, Civil Practices and
Remedies Code, to read as follows:
Sec. 110.002. APPLICATION. (a) This chapter applies to any
ordinance, rule, order, decision, practice, or other exercise of
governmental authority.
(b) This chapter applies to an act of a government agency,
in the exercise of governmental authority, granting or refusing to
grant a government benefit to an individual.
(c) This chapter applies to each law of this state unless
the law is expressly made exempt from the application of this
chapter by reference to this chapter.
(d) For purposes of a disaster as defined by Sec. 418.004,
Government Code:
(1) this chapter is not considered a regulatory
statute; and
(2) a provision of this chapter may not be suspended.
SECTION 3. Amend Chapter 110, Civil Practices and Remedies
Code, by adding Section 110.0031 to read as follows:
Sec. 110.0031. PROHIBITION ON CLOSING PLACES OF WORSHIP. A
government agency or public official may not issue an order that
closes or has the effect of closing places of worship in the state
or in a geographic area of the state.
SECTION 4. Amend Sec. 110.004, Civil Practices and Remedies
Code, to read as follows:
Sec. 110.004. DEFENSE. A person whose free exercise of
religion has been substantially burdened in violation of Section
110.003 and 110.0031 may assert that violation as a defense in a
judicial or administrative proceeding without regard to whether the
proceeding is brought in the name of the state or by any other
person.
SECTION 5. Chapter 110, Civil Practices and Remedies Code,
as added by this Act, applies only to a claim that accrues on or
after the effective date of this Act. A claim that accrued before
the effective date of this Act is governed by the law in effect
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 6. 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, 2021.