| 1 | 1 | | 87R6252 SCL-D |
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| 2 | 2 | | By: Birdwell S.B. No. 738 |
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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 right of recusal from the performance of certain |
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| 8 | 8 | | marriage ceremonies. |
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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. Subchapter G, Chapter 2, Family Code, is amended |
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| 11 | 11 | | by adding Section 2.603 to read as follows: |
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| 12 | 12 | | Sec. 2.603. RECUSAL FROM PERFORMANCE OF CERTAIN MARRIAGE |
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| 13 | 13 | | CEREMONIES; LIMITED LIABILITY. (a) A person authorized to conduct |
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| 14 | 14 | | a marriage ceremony under Section 2.202 may recuse himself or |
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| 15 | 15 | | herself from performing the ceremony based on the person's |
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| 16 | 16 | | sincerely held religious belief. |
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| 17 | 17 | | (b) A person who declines to perform a marriage ceremony |
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| 18 | 18 | | under Subsection (a) may assert that a law, policy, or adverse |
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| 19 | 19 | | action of this state violates that subsection as a defense in an |
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| 20 | 20 | | administrative hearing or a criminal action or as a claim or defense |
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| 21 | 21 | | in a civil action. |
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| 22 | 22 | | (c) A person described by Subsection (a) is not liable in a |
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| 23 | 23 | | civil action for any damages arising from the person's recusal |
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| 24 | 24 | | under that subsection. |
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| 25 | 25 | | (d) This section may not be construed to limit any other |
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| 26 | 26 | | right, privilege, or protection afforded to an individual under the |
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| 27 | 27 | | laws of the United States and this state. |
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| 28 | 28 | | SECTION 2. Section 2.205, Family Code, is amended by adding |
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| 29 | 29 | | Subsection (c) to read as follows: |
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| 30 | 30 | | (c) This section does not prohibit a person from recusing |
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| 31 | 31 | | himself or herself from conducting a marriage ceremony under |
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| 32 | 32 | | Section 2.603. |
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| 33 | 33 | | SECTION 3. This Act takes effect immediately if it receives |
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| 34 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 37 | | Act takes effect September 1, 2021. |
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