| 1 | 1 | | 88R599 YDB-D |
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| 2 | 2 | | By: Cain, Schofield, Slawson, Murr, Vasut, H.B. No. 2846 |
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| 3 | 3 | | et al. |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to discrimination against or burdening certain |
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| 9 | 9 | | constitutional rights of an applicant for or holder of a license to |
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| 10 | 10 | | practice law in this state. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter B, Chapter 81, Government Code, is |
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| 13 | 13 | | amended by adding Section 81.02401 to read as follows: |
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| 14 | 14 | | Sec. 81.02401. CERTAIN PROHIBITED RULES, POLICIES, AND |
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| 15 | 15 | | PENALTIES; ADMINISTRATIVE OR INJUNCTIVE RELIEF. (a) A rule or |
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| 16 | 16 | | policy adopted or a penalty imposed under this chapter may not: |
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| 17 | 17 | | (1) limit an applicant's ability to obtain a license to |
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| 18 | 18 | | practice law in this state, or a state bar member's ability to |
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| 19 | 19 | | maintain or renew the license, based on a sincerely held religious |
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| 20 | 20 | | belief of the applicant or state bar member; or |
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| 21 | 21 | | (2) burden an applicant's or state bar member's: |
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| 22 | 22 | | (A) free exercise of religion, regardless of |
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| 23 | 23 | | whether the burden is the result of a rule or policy generally |
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| 24 | 24 | | applicable to all applicants or state bar members; |
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| 25 | 25 | | (B) freedom of speech or expression that is |
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| 26 | 26 | | protected by the United States or Texas Constitution, including |
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| 27 | 27 | | speech regarding a sincerely held religious belief, a political |
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| 28 | 28 | | ideology, or a societal view, and of expressive conduct; |
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| 29 | 29 | | (C) membership in any religious organization; or |
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| 30 | 30 | | (D) freedom of association. |
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| 31 | 31 | | (b) Subsection (a) does not apply to a state bar rule or |
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| 32 | 32 | | policy adopted or penalty imposed under this chapter that results |
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| 33 | 33 | | in a limitation or burden described by Subsection (a) if the rule, |
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| 34 | 34 | | policy, or penalty: |
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| 35 | 35 | | (1) is essential to enforcing a compelling |
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| 36 | 36 | | governmental purpose and narrowly tailored to accomplish that |
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| 37 | 37 | | purpose; or |
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| 38 | 38 | | (2) restricts wilful expressions of bias or prejudice |
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| 39 | 39 | | in connection with an adjudicatory proceeding. |
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| 40 | 40 | | (c) A person may assert that a state bar rule or policy |
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| 41 | 41 | | adopted or penalty imposed under this chapter violates Subsection |
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| 42 | 42 | | (a) as a defense in an administrative hearing or as a claim or |
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| 43 | 43 | | defense in a judicial proceeding under Chapter 37, Civil Practice |
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| 44 | 44 | | and Remedies Code, except that the person may not assert the |
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| 45 | 45 | | violation as a defense to: |
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| 46 | 46 | | (1) an allegation of sexual misconduct; or |
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| 47 | 47 | | (2) prosecution of an offense. |
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| 48 | 48 | | (d) A person may bring an action for injunctive relief for a |
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| 49 | 49 | | violation of Subsection (a). |
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| 50 | 50 | | SECTION 2. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2023. |
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