89R5863 MZM-D
By: Schatzline H.B. No. 1394
A BILL TO BE ENTITLED
AN ACT
relating to sovereign immunity and civil rights actions related to
certain laws protecting the free exercise of religion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 84.0067(a)(1), Civil Practice and
Remedies Code, is amended to read as follows:
(1) "Religious organization" means an [a charitable]
organization that:
(A) if the organization's primary purpose and
function are religious, is:
(i) a religious school organized primarily
for religious and educational purposes; or
(ii) a religious charity organized
primarily for religious and charitable purposes; or
(B) does not engage in activities that would
disqualify it from tax-exempt status under Section 501(c)(3),
Internal Revenue Code of 1986, as it existed on August 30, 1999 [is
a religious organization under Section 110.011(b)].
SECTION 2. Section 110.008, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 110.008. SOVEREIGN IMMUNITY WAIVED. (a) Subject to
Section 110.006 and except as provided by Subsection (b), sovereign
immunity to suit and from liability is waived and abolished in state
and federal court to the extent of liability created by Section
110.005, and a claimant may sue a government agency for damages
allowed by that section.
(b) Notwithstanding Subsection (a), this chapter does not
waive or abolish sovereign immunity to suit and from liability
under the Eleventh Amendment to the United States Constitution,
which prohibits the citizens of another state or the citizens or
subjects of a foreign state from suing this state or any arm of this
state in federal court.
SECTION 3. Section 2400.001(5), Government Code, is amended
to read as follows:
(5) "Religious organization" means an organization
that:
(A) if the organization's primary purpose and
function are religious, is:
(i) a religious school organized primarily
for religious and educational purposes; or
(ii) a religious charity organized
primarily for religious and charitable purposes; or
(B) does not engage in activities that would
disqualify it from tax-exempt status under Section 501(c)(3),
Internal Revenue Code of 1986, as it existed on August 30, 1999 [is
a religious organization under Section 110.011(b), Civil Practice
and Remedies Code].
SECTION 4. Section 2401.001(4), Government Code, is amended
to read as follows:
(4) "Religious organization" means an organization
open to the public that:
(A) if the organization's primary purpose and
function are religious, is:
(i) a religious school organized primarily
for religious and educational purposes; or
(ii) a religious charity organized
primarily for religious and charitable purposes; or
(B) does not engage in activities that would
disqualify it from tax-exempt status under Section 501(c)(3),
Internal Revenue Code of 1986, as it existed on August 30, 1999 [is
a religious organization under Section 110.011(b), Civil Practice
and Remedies Code].
SECTION 5. Section 110.011, Civil Practice and Remedies
Code, is repealed.
SECTION 6. This Act takes effect September 1, 2025.