By: Shaheen, Dean, Noble, Harless, et al. H.B. No. 525
A BILL TO BE ENTITLED
AN ACT
relating to the protection of religious organizations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 10, Government Code, is
amended by adding Chapter 2401 to read as follows:
CHAPTER 2401. PROTECTION OF RELIGIOUS ORGANIZATIONS
Sec. 2401.001. DEFINITIONS. In this chapter:
(1) "Disaster" has the meaning assigned by Section
418.004.
(2) "Governmental entity" means:
(A) this state;
(B) a board, commission, council, department, or
other agency in the executive branch of state government that is
created by the state constitution or a statute, including an
institution of higher education as defined by Section 61.003,
Education Code;
(C) the legislature or a legislative agency;
(D) a state judicial agency or the State Bar of
Texas;
(E) a political subdivision of this state,
including a county, municipality, or special district or authority;
or
(F) an officer, employee, or agent of an entity
described by Paragraphs (A) through (E).
(3) "Person" has the meaning assigned by Section
311.005, except the term does not include:
(A) an employee of a governmental entity acting
within the employee's scope of employment; or
(B) a contractor of a governmental entity acting
within the scope of the contract.
(4) "Religious organization" means an organization
open to the public that is a religious organization under Section
110.011(b), Civil Practice and Remedies Code.
Sec. 2401.002. ESSENTIAL BUSINESS; PROHIBITED
RESTRICTIONS. (a) Notwithstanding any other law, a religious
organization is an essential business at all times in this state,
including during a declared state of disaster, and the
organization's religious and other related activities are
essential activities even if the activities are not listed as
essential in an order issued during the disaster.
(b) A governmental entity may not:
(1) at any time, including during a declared state of
disaster, prohibit a religious organization from engaging in
religious and other related activities or continuing to operate in
the discharge of the organization's foundational faith-based
mission and purpose; or
(2) during a declared state of disaster order a
religious organization to close or otherwise alter the
organization's purposes or activities.
Sec. 2401.003. RELIEF AVAILABLE. (a) A person may assert an
actual or threatened violation of Section 2401.002 as a claim or
defense in a judicial or administrative proceeding and obtain:
(1) injunctive relief;
(2) declaratory relief; and
(3) court costs and reasonable attorney's fees.
(b) Notwithstanding any other law, a person may commence an
action under this section and relief may be granted regardless of
whether the person has sought or exhausted available administrative
remedies.
Sec. 2401.004. IMMUNITY WAIVED. A person who alleges a
violation of Section 2401.002 may sue the governmental entity for
the relief provided under Section 2401.003. Sovereign or
governmental immunity, as applicable, is waived and abolished to
the extent of liability for that relief.
Sec. 2401.005. ATTORNEY GENERAL ACTION; INTERVENTION IN
PROCEEDING; PROHIBITED RECOVERY OF EXPENSES. (a) The attorney
general may bring an action for injunctive or declaratory relief
against a governmental entity or an officer or employee of a
governmental entity to enforce compliance with this chapter.
(b) This section may not be construed to deny, impair, or
otherwise affect any authority of the attorney general or a
governmental entity acting under other law to institute or
intervene in an action.
(c) The attorney general may not recover expenses incurred
in bringing, instituting, or intervening in an action described by
this section.
Sec. 2401.006. INTERPRETATION. (a) This chapter may not be
construed to preempt a state or federal law that is equally or more
protective of the free exercise of religious beliefs or to narrow
the meaning or application of a state or federal law protecting the
free exercise of religious beliefs.
(b) This chapter may not be construed to prevent a
governmental entity from providing, either directly or through a
person who is not seeking protection under this chapter, any
benefit or service authorized under state or federal law.
SECTION 2. Chapter 2401, Government Code, as added by this
Act, applies only to a cause of action that accrues on or after the
effective date of this Act. A cause of action 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 3. 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.