Texas 2021 - 87th Regular

Texas House Bill HB1239 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1239
	1	+	By: Sanford, et al. (Senate Sponsor - Paxton) H.B. No. 1239
	2	+	(In the Senate - Received from the House April 12, 2021;
	3	+	May 4, 2021, read first time and referred to Committee on State
	4	+	Affairs; May 10, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 7, Nays 0;
	6	+	May 10, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1239 By: Campbell
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the prohibited suspension of laws protecting religious
6	14		freedom and prohibited closure of places of worship.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Section 110.001(a), Civil Practice and Remedies
9	17		Code, is amended by adding Subdivisions (3) and (4) to read as
10	18		follows:
11	19		(3) "Place of worship" means a building or grounds
12	20		where religious activities are conducted.
13	21		(4) "Public official" means any elected or appointed
14	22		officer, employee, or agent of this state or any political
15	23		subdivision, board, commission, bureau, or other public body
16	24		established by law.
17	25		SECTION 2. Section 110.002, Civil Practice and Remedies
18	26		Code, is amended by adding Subsection (d) to read as follows:
19	27		(d) For purposes of a state of disaster declared under
20	28		Chapter 418, Government Code:
21	29		(1) this chapter is not considered a regulatory
22	30		statute; and
23	31		(2) a provision of this chapter may not be suspended.
24	32		SECTION 3. Chapter 110, Civil Practice and Remedies Code,
25	33		is amended by adding Section 110.0031 to read as follows:
26	34		Sec. 110.0031. PROHIBITION ON ORDERS CLOSING PLACES OF
27	35		WORSHIP. A government agency or public official may not issue an
28	36		order that closes or has the effect of closing places of worship in
29	37		this state or in a geographic area of this state.
30	38		SECTION 4. Section 110.004, Civil Practice and Remedies
31	39		Code, is amended to read as follows:
32	40		Sec. 110.004. DEFENSE. A person whose free exercise of
33	41		religion has been substantially burdened in violation of Section
34	42		110.003 or 110.0031 may assert that violation as a defense in a
35	43		judicial or administrative proceeding without regard to whether the
36	44		proceeding is brought in the name of the state or by any other
37	45		person.
38	46		SECTION 5. Chapter 110, Civil Practice and Remedies Code,
39	47		as amended by this Act, applies only to a claim or defense that
40	48		accrues on or after the effective date of this Act. A claim or
41	49		defense that accrued before the effective date of this Act is
42	50		governed by the law in effect immediately before the effective date
43	51		of this Act, and that law is continued in effect for that purpose.
44	52		SECTION 6. This Act takes effect immediately if it receives
45	53		a vote of two-thirds of all the members elected to each house, as
46	54		provided by Section 39, Article III, Texas Constitution. If this
47	55		Act does not receive the vote necessary for immediate effect, this
48	56		Act takes effect September 1, 2021.
49		-	______________________________ ______________________________
50		-	President of the Senate Speaker of the House
51		-	I certify that H.B. No. 1239 was passed by the House on April
52		-	9, 2021, by the following vote: Yeas 122, Nays 22, 1 present, not
53		-	voting; and that the House concurred in Senate amendments to H.B.
54		-	No. 1239 on May 28, 2021, by the following vote: Yeas 113, Nays 30,
55		-	1 present, not voting.
56		-	______________________________
57		-	Chief Clerk of the House
58		-	I certify that H.B. No. 1239 was passed by the Senate, with
59		-	amendments, on May 21, 2021, by the following vote: Yeas 28, Nays
60		-	3.
61		-	______________________________
62		-	Secretary of the Senate
63		-	APPROVED: __________________
64		-	Date
65		-	__________________
66		-	Governor
	57	+	* * * * *