88R599 YDB-D
By: Cain, Schofield, Slawson, Murr, Vasut, H.B. No. 2846
et al.
A BILL TO BE ENTITLED
AN ACT
relating to discrimination against or burdening certain
constitutional rights of an applicant for or holder of a license to
practice law in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 81, Government Code, is
amended by adding Section 81.02401 to read as follows:
Sec. 81.02401. CERTAIN PROHIBITED RULES, POLICIES, AND
PENALTIES; ADMINISTRATIVE OR INJUNCTIVE RELIEF. (a) A rule or
policy adopted or a penalty imposed under this chapter may not:
(1) limit an applicant's ability to obtain a license to
practice law in this state, or a state bar member's ability to
maintain or renew the license, based on a sincerely held religious
belief of the applicant or state bar member; or
(2) burden an applicant's or state bar member's:
(A) free exercise of religion, regardless of
whether the burden is the result of a rule or policy generally
applicable to all applicants or state bar members;
(B) freedom of speech or expression that is
protected by the United States or Texas Constitution, including
speech regarding a sincerely held religious belief, a political
ideology, or a societal view, and of expressive conduct;
(C) membership in any religious organization; or
(D) freedom of association.
(b) Subsection (a) does not apply to a state bar rule or
policy adopted or penalty imposed under this chapter that results
in a limitation or burden described by Subsection (a) if the rule,
policy, or penalty:
(1) is essential to enforcing a compelling
governmental purpose and narrowly tailored to accomplish that
purpose; or
(2) restricts wilful expressions of bias or prejudice
in connection with an adjudicatory proceeding.
(c) A person may assert that a state bar rule or policy
adopted or penalty imposed under this chapter violates Subsection
(a) as a defense in an administrative hearing or as a claim or
defense in a judicial proceeding under Chapter 37, Civil Practice
and Remedies Code, except that the person may not assert the
violation as a defense to:
(1) an allegation of sexual misconduct; or
(2) prosecution of an offense.
(d) A person may bring an action for injunctive relief for a
violation of Subsection (a).
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.