| 1 | 1 | | By: Paxton, Perry S.B. No. 251 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to prohibited suspension of laws protecting religious |
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| 7 | 7 | | freedom and prohibited closure of places of worship. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 110.001(a), Civil Practices and Remedies |
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| 10 | 10 | | Code, is amended by adding Subdivisions (3) and (4) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (3) "Place of worship" means a building or grounds |
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| 13 | 13 | | where religious activities are conducted. |
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| 14 | 14 | | (4) "Public official" means any elected or appointed |
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| 15 | 15 | | officer, employee, or agent of the state or any political |
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| 16 | 16 | | subdivision, board, commission, bureau, or other public body |
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| 17 | 17 | | established by law. |
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| 18 | 18 | | SECTION 2. Amend Section 110.002, Civil Practices and |
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| 19 | 19 | | Remedies Code, to read as follows: |
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| 20 | 20 | | Sec. 110.002. APPLICATION. (a) This chapter applies to any |
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| 21 | 21 | | ordinance, rule, order, decision, practice, or other exercise of |
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| 22 | 22 | | governmental authority. |
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| 23 | 23 | | (b) This chapter applies to an act of a government agency, |
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| 24 | 24 | | in the exercise of governmental authority, granting or refusing to |
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| 25 | 25 | | grant a government benefit to an individual. |
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| 26 | 26 | | (c) This chapter applies to each law of this state unless |
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| 27 | 27 | | the law is expressly made exempt from the application of this |
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| 28 | 28 | | chapter by reference to this chapter. |
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| 29 | 29 | | (d) For purposes of a disaster as defined by Sec. 418.004, |
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| 30 | 30 | | Government Code: |
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| 31 | 31 | | (1) this chapter is not considered a regulatory |
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| 32 | 32 | | statute; and |
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| 33 | 33 | | (2) a provision of this chapter may not be suspended. |
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| 34 | 34 | | SECTION 3. Amend Chapter 110, Civil Practices and Remedies |
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| 35 | 35 | | Code, by adding Section 110.0031 to read as follows: |
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| 36 | 36 | | Sec. 110.0031. PROHIBITION ON CLOSING PLACES OF WORSHIP. A |
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| 37 | 37 | | government agency or public official may not issue an order that |
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| 38 | 38 | | closes or has the effect of closing places of worship in the state |
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| 39 | 39 | | or in a geographic area of the state. |
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| 40 | 40 | | SECTION 4. Amend Sec. 110.004, Civil Practices and Remedies |
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| 41 | 41 | | Code, to read as follows: |
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| 42 | 42 | | Sec. 110.004. DEFENSE. A person whose free exercise of |
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| 43 | 43 | | religion has been substantially burdened in violation of Section |
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| 44 | 44 | | 110.003 and 110.0031 may assert that violation as a defense in a |
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| 45 | 45 | | judicial or administrative proceeding without regard to whether the |
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| 46 | 46 | | proceeding is brought in the name of the state or by any other |
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| 47 | 47 | | person. |
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| 48 | 48 | | SECTION 5. Chapter 110, Civil Practices and Remedies Code, |
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| 49 | 49 | | as added by this Act, applies only to a claim that accrues on or |
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| 50 | 50 | | after the effective date of this Act. A claim that accrued before |
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| 51 | 51 | | the effective date of this Act is governed by the law in effect |
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| 52 | 52 | | immediately before the effective date of this Act, and that law is |
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| 53 | 53 | | continued in effect for that purpose. |
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| 54 | 54 | | SECTION 6. This Act takes effect immediately if it receives |
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| 55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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| 56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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| 58 | 58 | | Act takes effect September 1, 2021. |
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