87R10844 YDB-D
By: Hancock S.B. No. 1681
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) "Governmental entity" means:
(A) this state;
(B) a board, commission, council, department, or
other agency in the executive, judicial, or legislative 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) a political subdivision of this state; or
(D) an officer, employee, or agent of an entity
described by Paragraphs (A) through (C).
(2) "Religious organization" means an organization
established to support and serve the propagation of a sincerely
held religious belief.
Sec. 2401.002. RELIEF AVAILABLE. (a) A person may assert
an actual or threatened violation of Section 6-a, Article I, Texas
Constitution, 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. 2401.003. IMMUNITY WAIVED. A person who alleges a
violation of Section 6-a, Article I, Texas Constitution, may sue
the governmental entity for the relief provided under Section
2401.002. Sovereign or governmental immunity, as applicable, is
waived and abolished to the extent of liability for that relief.
Sec. 2401.004. 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 to enforce compliance with Section
6-a, Article I, Texas Constitution.
(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. 2401.005. INTERPRETATION. (a) This chapter and
Section 6-a, Article I, Texas Constitution, may not be construed to
preempt state or federal constitutional or statutory law that is
equally or more protective of the free exercise of religious
beliefs or to narrow the meaning or application of state or federal
constitutional or statutory law protecting the free exercise of
religious beliefs.
(b) This chapter and Section 6-a, Article I, Texas
Constitution, 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 constitutional or statutory law.
Sec. 2401.006. SUSPENSION PROHIBITED. The protections
guaranteed under Section 6-a, Article I, Texas Constitution, and
this chapter may not be suspended.
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 January 1, 2022, but only
if the constitutional amendment proposed by the 87th Legislature,
Regular Session, 2021, to prohibit this state or a political
subdivision of this state from prohibiting or limiting a religious
service conducted by a religious organization is approved by the
voters. If that proposed constitutional amendment is not approved
by the voters, this Act has no effect.