Texas 2021 - 87th Regular

Texas House Bill HB1487 Compare Versions

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

Old	New	Differences
1	1	By: Dean H.B. No. 1487
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the protection of religious organizations.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle H, Title 10, Government Code, is
9	9	amended by adding Chapter 2401 to read as follows:
10	10	CHAPTER 2401. PROTECTION OF RELIGIOUS ORGANIZATIONS
11	11	Sec. 2401.001. DEFINITIONS. In this chapter:
12	12	(1) "Disaster" has the meaning assigned by Section
13	13	418.004.
14	14	(2) "Governmental entity" means:
15	15	(A) this state;
16	16	(B) a board, commission, council, department, or
17	17	other agency in the executive branch of state government that is
18	18	created by the state constitution or a statute, including an
19	19	institution of higher education as defined by Section 61.003,
20	20	Education Code;
21	21	(C) the legislature or a legislative agency;
22	22	(D) a state judicial agency or the State Bar of
23	23	Texas;
24	24	(E) a political subdivision of this state,
25	25	including a county, municipality, or special district or authority;
26	26	or
27	27	(F) an officer, employee, or agent of an entity
28	28	described by Paragraphs (A) through (E).
29	29	(3) "Person" has the meaning assigned by Section
30	30	311.005, except the term does not include:
31	31	(A) an employee of a governmental entity acting
32	32	within the employee's scope of employment; or
33	33	(B) a contractor of a governmental entity acting
34	34	within the scope of the contract.
35	35	(4) "Religious organization" means an organization
36	36	that is a religious organization under Section 110.011(b), Civil
37	37	Practice and Remedies Code.
38	38	Sec. 2401.002. ESSENTIAL BUSINESS; PROHIBITED
39	39	RESTRICTIONS. (a) Notwithstanding any other law, a religious
40	40	organization is an essential business at all times in this state,
41	41	including during a declared state of disaster, and the
42	42	organization's religious and other related activities are
43	43	essential activities even if the activities are not listed as
44	44	essential in an order issued during the disaster.
45	45	(b) A governmental entity may not:
46	46	(1) at any time, including during a declared state of
47	47	disaster, prohibit a religious organization from engaging in
48	48	religious and other related activities or continuing to operate in
49	49	the discharge of the organization's foundational faith-based
50	50	mission and purpose; or
51	51	(2) during a declared state of disaster order a
52	52	religious organization to close or otherwise alter the
53	53	organization's purposes or activities.
54	54	Sec. 2401.003. RELIEF AVAILABLE. (a) A person may assert
55	55	an actual or threatened violation of Section 2401.002 as a claim or
56	56	defense in a judicial or administrative proceeding and obtain:
57	57	(1) injunctive relief;
58	58	(2) declaratory relief; and
59	59	(3) court costs and reasonable attorney's fees.
60	60	(b) Notwithstanding any other law, a person may commence an
61	61	action under this section and relief may be granted regardless of
62	62	whether the person has sought or exhausted available administrative
63	63	remedies.
64	64	Sec. 2401.004. IMMUNITY WAIVED. A person who alleges a
65	65	violation of Section 2401.002 may sue the governmental entity for
66	66	the relief provided under Section 2401.003. Sovereign or
67	67	governmental immunity, as applicable, is waived and abolished to
68	68	the extent of liability for that relief.
69	69	Sec. 2401.005. ATTORNEY GENERAL ACTION; INTERVENTION IN
70	70	PROCEEDING; PROHIBITED RECOVERY OF EXPENSES. (a) The attorney
71	71	general may bring an action for injunctive or declaratory relief
72	72	against a governmental entity or an officer or employee of a
73	73	governmental entity to enforce compliance with this chapter.
74	74	(b) This section may not be construed to deny, impair, or
75	75	otherwise affect any authority of the attorney general or a
76	76	governmental entity acting under other law to institute or
77	77	intervene in an action.
78	78	(c) The attorney general may not recover expenses incurred
79	79	in bringing, instituting, or intervening in an action described by
80	80	this section.
81	81	Sec. 2401.006. INTERPRETATION. (a) This chapter may not be
82	82	construed to preempt a state or federal law that is equally or more
83	83	protective of the free exercise of religious beliefs or to narrow
84	84	the meaning or application of a state or federal law protecting the
85	85	free exercise of religious beliefs.
86	86	(b) This chapter may not be construed to prevent a
87	87	governmental entity from providing, either directly or through a
88	88	person who is not seeking protection under this chapter, any
89	89	benefit or service authorized under state or federal law.
90	90	SECTION 2. Chapter 2401, Government Code, as added by this
91	91	Act, applies only to a cause of action that accrues on or after the
92	92	effective date of this Act. A cause of action that accrued before
93	93	the effective date of this Act is governed by the law in effect
94	94	immediately before the effective date of this Act, and that law is
95	95	continued in effect for that purpose.
96	96	SECTION 3. This Act takes effect September 1, 2021.