Texas 2021 - 87th Regular

Texas House Bill HB525 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 525
	1	+	By: Shaheen, et al. (Senate Sponsor - Hall) H.B. No. 525
	2	+	(In the Senate - Received from the House May 13, 2021;
	3	+	May 14, 2021, read first time and referred to Committee on State
	4	+	Affairs; May 21, 2021, reported favorably by the following vote:
	5	+	Yeas 8, Nays 1; May 21, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the protection of religious organizations.
6	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	13		SECTION 1. Subtitle H, Title 10, Government Code, is
8	14		amended by adding Chapter 2401 to read as follows:
9	15		CHAPTER 2401. PROTECTION OF RELIGIOUS ORGANIZATIONS
10	16		Sec. 2401.001. DEFINITIONS. In this chapter:
11	17		(1) "Disaster" has the meaning assigned by Section
12	18		418.004.
13	19		(2) "Governmental entity" means:
14	20		(A) this state;
15	21		(B) a board, commission, council, department, or
16	22		other agency in the executive branch of state government that is
17	23		created by the state constitution or a statute, including an
18	24		institution of higher education as defined by Section 61.003,
19	25		Education Code;
20	26		(C) the legislature or a legislative agency;
21	27		(D) a state judicial agency or the State Bar of
22	28		Texas;
23	29		(E) a political subdivision of this state,
24	30		including a county, municipality, or special district or authority;
25	31		or
26	32		(F) an officer, employee, or agent of an entity
27	33		described by Paragraphs (A) through (E).
28	34		(3) "Person" has the meaning assigned by Section
29	35		311.005, except the term does not include:
30	36		(A) an employee of a governmental entity acting
31	37		within the employee's scope of employment; or
32	38		(B) a contractor of a governmental entity acting
33	39		within the scope of the contract.
34	40		(4) "Religious organization" means an organization
35	41		open to the public that is a religious organization under Section
36	42		110.011(b), Civil Practice and Remedies Code.
37	43		Sec. 2401.002. ESSENTIAL BUSINESS; PROHIBITED
38	44		RESTRICTIONS. (a) Notwithstanding any other law, a religious
39	45		organization is an essential business at all times in this state,
40	46		including during a declared state of disaster, and the
41	47		organization's religious and other related activities are
42	48		essential activities even if the activities are not listed as
43	49		essential in an order issued during the disaster.
44	50		(b) A governmental entity may not:
45	51		(1) at any time, including during a declared state of
46	52		disaster, prohibit a religious organization from engaging in
47	53		religious and other related activities or continuing to operate in
48	54		the discharge of the organization's foundational faith-based
49	55		mission and purpose; or
50	56		(2) during a declared state of disaster order a
51	57		religious organization to close or otherwise alter the
52	58		organization's purposes or activities.
53		-	Sec. 2401.003. RELIEF AVAILABLE. (a) A person may assert a
54		-	violation of Section 2401.002 as a claim or ~~defense in a judicial or~~
55		-	administrative proceeding and obtain:
	59	+	Sec. 2401.003. RELIEF AVAILABLE. (a) A person may assert an
	60	+	actual or threatened violation of Section 2401.002 as a claim or
	61	+	defense in a judicial or administrative proceeding and obtain:
56	62		(1) injunctive relief;
57	63		(2) declaratory relief; and
58	64		(3) court costs and reasonable attorney's fees.
59	65		(b) Notwithstanding any other law, a person may commence an
60	66		action under this section and relief may be granted regardless of
61	67		whether the person has sought or exhausted available administrative
62	68		remedies.
63		-	Sec. 2401.004. ATTORNEY GENERAL ACTION; INTERVENTION IN
	69	+	Sec. 2401.004. IMMUNITY WAIVED. A person who alleges a
	70	+	violation of Section 2401.002 may sue the governmental entity for
	71	+	the relief provided under Section 2401.003. Sovereign or
	72	+	governmental immunity, as applicable, is waived and abolished to
	73	+	the extent of liability for that relief.
	74	+	Sec. 2401.005. ATTORNEY GENERAL ACTION; INTERVENTION IN
64	75		PROCEEDING; PROHIBITED RECOVERY OF EXPENSES. (a) The attorney
65	76		general may bring an action for injunctive or declaratory relief
66	77		against a governmental entity or an officer or employee of a
67	78		governmental entity to enforce compliance with this chapter.
68	79		(b) This section may not be construed to deny, impair, or
69	80		otherwise affect any authority of the attorney general or a
70	81		governmental entity acting under other law to institute or
71	82		intervene in an action.
72	83		(c) The attorney general may not recover expenses incurred
73	84		in bringing, instituting, or intervening in an action described by
74	85		this section.
75		-	Sec. 2401.~~005~~. INTERPRETATION. (a) This chapter may not be
	86	+	Sec. 2401.006. INTERPRETATION. (a) This chapter may not be
76	87		construed to preempt a state or federal law that is equally or more
77	88		protective of the free exercise of religious beliefs or to narrow
78	89		the meaning or application of a state or federal law protecting the
79	90		free exercise of religious beliefs.
80	91		(b) This chapter may not be construed to prevent a
81	92		governmental entity from providing, either directly or through a
82	93		person who is not seeking protection under this chapter, any
83	94		benefit or service authorized under state or federal law.
84	95		SECTION 2. Chapter 2401, Government Code, as added by this
85	96		Act, applies only to a cause of action that accrues on or after the
86	97		effective date of this Act. A cause of action that accrued before
87	98		the effective date of this Act is governed by the law in effect
88	99		immediately before the effective date of this Act, and that law is
89	100		continued in effect for that purpose.
90	101		SECTION 3. This Act takes effect immediately if it receives
91	102		a vote of two-thirds of all the members elected to each house, as
92	103		provided by Section 39, Article III, Texas Constitution. If this
93	104		Act does not receive the vote necessary for immediate effect, this
94	105		Act takes effect September 1, 2021.
95		-	______________________________ ______________________________
96		-	President of the Senate Speaker of the House
97		-	I certify that H.B. No. 525 was passed by the House on May 13,
98		-	2021, by the following vote: Yeas 98, Nays 44, 2 present, not
99		-	voting; and that the House concurred in Senate amendments to H.B.
100		-	No. 525 on May 29, 2021, by the following vote: Yeas 125, Nays 10,
101		-	1 present, not voting.
102		-	______________________________
103		-	Chief Clerk of the House
104		-	I certify that H.B. No. 525 was passed by the Senate, with
105		-	amendments, on May 24, 2021, by the following vote: Yeas 27, Nays
106		-	3.
107		-	______________________________
108		-	Secretary of the Senate
109		-	APPROVED: __________________
110		-	Date
111		-	__________________
112		-	Governor
	106	+	* * * * *