1 | 1 | | 87R8085 AJA-F |
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2 | 2 | | By: Hughes S.B. No. 1929 |
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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 the availability of certain remedies for the burdening |
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8 | 8 | | by a government agency of a person's free exercise of religion. |
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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 110.005(c), Civil Practice and Remedies |
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11 | 11 | | Code, is amended to read as follows: |
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12 | 12 | | (c) An action under this section must be brought in a state |
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13 | 13 | | or federal district court. |
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14 | 14 | | SECTION 2. Section 110.008, Civil Practice and Remedies |
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15 | 15 | | Code, is amended to read as follows: |
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16 | 16 | | Sec. 110.008. SOVEREIGN IMMUNITY WAIVED. (a) Subject to |
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17 | 17 | | Section 110.006 and except as provided by Subsection (b), sovereign |
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18 | 18 | | immunity to suit and from liability is waived and abolished in state |
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19 | 19 | | and federal court to the extent of liability created by Section |
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20 | 20 | | 110.005, and a claimant may sue a government agency for damages |
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21 | 21 | | allowed by that section. |
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22 | 22 | | (b) Notwithstanding Subsection (a), this chapter does not |
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23 | 23 | | waive or abolish sovereign immunity to suit and from liability |
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24 | 24 | | under the Eleventh Amendment to the United States Constitution, |
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25 | 25 | | which prohibits the citizens of another state or the citizens or |
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26 | 26 | | subjects of a foreign state from suing this state or any arm of this |
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27 | 27 | | state in federal court. |
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28 | 28 | | SECTION 3. Chapter 110, Civil Practice and Remedies Code, |
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29 | 29 | | is amended by adding Section 110.013 to read as follows: |
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30 | 30 | | Sec. 110.013. LAWS REGULATING OR RESTRICTING ABORTION NOT |
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31 | 31 | | AFFECTED. Nothing in this chapter may be construed to limit the |
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32 | 32 | | enforcement of any law regulating or restricting abortion or any |
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33 | 33 | | law that withholds taxpayer funds from entities that perform or |
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34 | 34 | | promote abortions. |
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35 | 35 | | SECTION 4. This Act takes effect September 1, 2021. |
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