Texas 2025 - 89th Regular

Texas House Bill HB1394 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5863 MZM-D
2	2	By: Schatzline H.B. No. 1394
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to sovereign immunity and civil rights actions related to
10	10	certain laws protecting the free exercise of religion.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 84.0067(a)(1), Civil Practice and
13	13	Remedies Code, is amended to read as follows:
14	14	(1) "Religious organization" means an [a charitable]
15	15	organization that:
16	16	(A) if the organization's primary purpose and
17	17	function are religious, is:
18	18	(i) a religious school organized primarily
19	19	for religious and educational purposes; or
20	20	(ii) a religious charity organized
21	21	primarily for religious and charitable purposes; or
22	22	(B) does not engage in activities that would
23	23	disqualify it from tax-exempt status under Section 501(c)(3),
24	24	Internal Revenue Code of 1986, as it existed on August 30, 1999 [is
25	25	a religious organization under Section 110.011(b)].
26	26	SECTION 2. Section 110.008, Civil Practice and Remedies
27	27	Code, is amended to read as follows:
28	28	Sec. 110.008. SOVEREIGN IMMUNITY WAIVED. (a) Subject to
29	29	Section 110.006 and except as provided by Subsection (b), sovereign
30	30	immunity to suit and from liability is waived and abolished in state
31	31	and federal court to the extent of liability created by Section
32	32	110.005, and a claimant may sue a government agency for damages
33	33	allowed by that section.
34	34	(b) Notwithstanding Subsection (a), this chapter does not
35	35	waive or abolish sovereign immunity to suit and from liability
36	36	under the Eleventh Amendment to the United States Constitution,
37	37	which prohibits the citizens of another state or the citizens or
38	38	subjects of a foreign state from suing this state or any arm of this
39	39	state in federal court.
40	40	SECTION 3. Section 2400.001(5), Government Code, is amended
41	41	to read as follows:
42	42	(5) "Religious organization" means an organization
43	43	that:
44	44	(A) if the organization's primary purpose and
45	45	function are religious, is:
46	46	(i) a religious school organized primarily
47	47	for religious and educational purposes; or
48	48	(ii) a religious charity organized
49	49	primarily for religious and charitable purposes; or
50	50	(B) does not engage in activities that would
51	51	disqualify it from tax-exempt status under Section 501(c)(3),
52	52	Internal Revenue Code of 1986, as it existed on August 30, 1999 [is
53	53	a religious organization under Section 110.011(b), Civil Practice
54	54	and Remedies Code].
55	55	SECTION 4. Section 2401.001(4), Government Code, is amended
56	56	to read as follows:
57	57	(4) "Religious organization" means an organization
58	58	open to the public that:
59	59	(A) if the organization's primary purpose and
60	60	function are religious, is:
61	61	(i) a religious school organized primarily
62	62	for religious and educational purposes; or
63	63	(ii) a religious charity organized
64	64	primarily for religious and charitable purposes; or
65	65	(B) does not engage in activities that would
66	66	disqualify it from tax-exempt status under Section 501(c)(3),
67	67	Internal Revenue Code of 1986, as it existed on August 30, 1999 [is
68	68	a religious organization under Section 110.011(b), Civil Practice
69	69	and Remedies Code].
70	70	SECTION 5. Section 110.011, Civil Practice and Remedies
71	71	Code, is repealed.
72	72	SECTION 6. This Act takes effect September 1, 2025.