Texas 2021 - 87th Regular

Texas House Bill HB3596 Compare Versions

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

Old	New	Differences
1	1	87R10844 YDB-D
2	2	By: Leach H.B. No. 3596
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the protection of religious organizations.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle H, Title 10, Government Code, is
10	10	amended by adding Chapter 2401 to read as follows:
11	11	CHAPTER 2401. PROTECTION OF RELIGIOUS ORGANIZATIONS
12	12	Sec. 2401.001. DEFINITIONS. In this chapter:
13	13	(1) "Governmental entity" means:
14	14	(A) this state;
15	15	(B) a board, commission, council, department, or
16	16	other agency in the executive, judicial, or legislative branch of
17	17	state government that is created by the state constitution or a
18	18	statute, including an institution of higher education as defined by
19	19	Section 61.003, Education Code;
20	20	(C) a political subdivision of this state; or
21	21	(D) an officer, employee, or agent of an entity
22	22	described by Paragraphs (A) through (C).
23	23	(2) "Religious organization" means an organization
24	24	established to support and serve the propagation of a sincerely
25	25	held religious belief.
26	26	Sec. 2401.002. RELIEF AVAILABLE. (a) A person may assert
27	27	an actual or threatened violation of Section 6-a, Article I, Texas
28	28	Constitution, as a claim or defense in a judicial or administrative
29	29	proceeding and obtain:
30	30	(1) injunctive relief;
31	31	(2) declaratory relief; and
32	32	(3) court costs and reasonable attorney's fees.
33	33	(b) Notwithstanding any other law, a person may commence an
34	34	action under this section and relief may be granted regardless of
35	35	whether the person has sought or exhausted available administrative
36	36	remedies.
37	37	Sec. 2401.003. IMMUNITY WAIVED. A person who alleges a
38	38	violation of Section 6-a, Article I, Texas Constitution, may sue
39	39	the governmental entity for the relief provided under Section
40	40	2401.002. Sovereign or governmental immunity, as applicable, is
41	41	waived and abolished to the extent of liability for that relief.
42	42	Sec. 2401.004. ATTORNEY GENERAL ACTION; INTERVENTION IN
43	43	PROCEEDING; PROHIBITED RECOVERY OF EXPENSES. (a) The attorney
44	44	general may bring an action for injunctive or declaratory relief
45	45	against a governmental entity to enforce compliance with Section
46	46	6-a, Article I, Texas Constitution.
47	47	(b) This section may not be construed to deny, impair, or
48	48	otherwise affect any authority of the attorney general or a
49	49	governmental entity acting under other law to institute or
50	50	intervene in an action.
51	51	(c) The attorney general may not recover expenses incurred
52	52	in bringing, instituting, or intervening in an action described by
53	53	this section.
54	54	Sec. 2401.005. INTERPRETATION. (a) This chapter and
55	55	Section 6-a, Article I, Texas Constitution, may not be construed to
56	56	preempt state or federal constitutional or statutory law that is
57	57	equally or more protective of the free exercise of religious
58	58	beliefs or to narrow the meaning or application of state or federal
59	59	constitutional or statutory law protecting the free exercise of
60	60	religious beliefs.
61	61	(b) This chapter and Section 6-a, Article I, Texas
62	62	Constitution, may not be construed to prevent a governmental entity
63	63	from providing, either directly or through a person who is not
64	64	seeking protection under this chapter, any benefit or service
65	65	authorized under state or federal constitutional or statutory law.
66	66	Sec. 2401.006. SUSPENSION PROHIBITED. The protections
67	67	guaranteed under Section 6-a, Article I, Texas Constitution, and
68	68	this chapter may not be suspended.
69	69	SECTION 2. Chapter 2401, Government Code, as added by this
70	70	Act, applies only to a cause of action that accrues on or after the
71	71	effective date of this Act. A cause of action that accrued before
72	72	the effective date of this Act is governed by the law in effect
73	73	immediately before the effective date of this Act, and that law is
74	74	continued in effect for that purpose.
75	75	SECTION 3. This Act takes effect January 1, 2022, but only
76	76	if the constitutional amendment proposed by the 87th Legislature,
77	77	Regular Session, 2021, to prohibit this state or a political
78	78	subdivision of this state from prohibiting or limiting a religious
79	79	service conducted by a religious organization is approved by the
80	80	voters. If that proposed constitutional amendment is not approved
81	81	by the voters, this Act has no effect.