| 1 | 1 | | 87R12496 YDB-D |
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| 2 | 2 | | By: Hefner H.B. No. 3901 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibited restrictions on occupancy capacity for |
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| 8 | 8 | | places of worship. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 110.001(a), Civil Practice and Remedies |
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| 11 | 11 | | Code, is amended by adding Subdivisions (3) and (4) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (3) "Place of worship" means a building or grounds |
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| 14 | 14 | | where religious activities are conducted. |
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| 15 | 15 | | (4) "Public official" means any elected or appointed |
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| 16 | 16 | | officer, employee, or agent of this state or of a governmental |
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| 17 | 17 | | agency or any other public body established by state law. |
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| 18 | 18 | | SECTION 2. Chapter 110, Civil Practice and Remedies Code, |
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| 19 | 19 | | is amended by adding Section 110.0031 to read as follows: |
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| 20 | 20 | | Sec. 110.0031. PROHIBITION ON ORDERS RESTRICTING OCCUPANCY |
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| 21 | 21 | | CAPACITY FOR PLACES OF WORSHIP. (a) A government agency or public |
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| 22 | 22 | | official may not issue an order for purposes of a state of disaster |
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| 23 | 23 | | declared under Chapter 418, Government Code, that restricts the |
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| 24 | 24 | | occupancy capacity for or has the effect of restricting the |
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| 25 | 25 | | occupancy capacity for a place of worship in this state or in a |
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| 26 | 26 | | geographic area of this state. |
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| 27 | 27 | | (b) For purposes of a state of disaster declared under |
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| 28 | 28 | | Chapter 418, Government Code, this section is not considered a |
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| 29 | 29 | | regulatory statute and may not be suspended. |
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| 30 | 30 | | SECTION 3. Chapter 110, Civil Practice and Remedies Code, |
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| 31 | 31 | | as amended by this Act, applies only to a claim or defense that |
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| 32 | 32 | | accrues on or after the effective date of this Act. A claim or |
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| 33 | 33 | | defense that accrued before the effective date of this Act is |
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| 34 | 34 | | governed by the law in effect immediately before the effective date |
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| 35 | 35 | | of this Act, and that law is continued in effect for that purpose. |
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| 36 | 36 | | SECTION 4. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2021. |
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