89R9789 JTZ-D
By: Oliverson H.B. No. 4547
A BILL TO BE ENTITLED
AN ACT
relating to certain actions by a state agency that burden certain
constitutional rights of an applicant for or holder of an
occupational license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 57, Occupations Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. STATE AGENCY ACTIONS BURDENING CERTAIN
CONSTITUTIONAL RIGHTS
Sec. 57.151. PROHIBITION ON CERTAIN STATE AGENCY ACTIONS.
(a) Notwithstanding any other law, a state agency may not adopt a
rule or take any regulatory or enforcement action that burdens an
applicant's or license holder's:
(1) free exercise of religion as protected by the
United States Constitution or Texas Constitution; or
(2) freedom of speech as protected by the United
States Constitution or Texas Constitution.
(b) Notwithstanding any other law, an act by a license
holder in the exercise of a right described by Subsection (a) does
not constitute unprofessional conduct by the license holder for
purposes of the law regulating the license holder's business,
occupation, or profession.
(c) On a determination by a state agency that a complaint
against a license holder is based on conduct by the license holder
in the exercise of a right described by Subsection (a), the state
agency shall promptly close any investigation relating to the
complaint and dismiss the complaint.
Sec. 57.152. COMPLAINTS BASED ON EXERCISE OF CONSTITUTIONAL
RIGHTS PROHIBITED. (a) A person may not file a complaint, or aid in
the filing of a complaint, with a state agency regarding speech or
conduct by a license holder that:
(1) is not made or done in the license holder's
professional capacity; or
(2) involves the license holder's exercise of a right
described by Section 57.151(a).
(b) If a person who files or aids in the filing of a
complaint in violation of Subsection (a) is a license holder, the
state agency regulating the license holder may take disciplinary
action against the license holder.
Sec. 57.153. PRIVATE CAUSE OF ACTION. (a) Not later than
the first anniversary of the date an applicant's or license holder's
rights were burdened by a state agency in violation of Section
57.151, the applicant or license holder may bring an action against
the state agency or a member of the governing body of the state
agency in the member's official capacity.
(b) A prevailing claimant in an action brought under this
section is entitled to recover:
(1) declaratory relief;
(2) injunctive relief;
(3) three times the amount of compensatory damages;
and
(4) court costs and reasonable attorney's fees
incurred in bringing the action.
(c) A state agency's sovereign immunity to suit and from
liability is waived to the extent of liability created by this
section. A member of the governing body of a state agency may not
assert official immunity in an action brought under this section.
SECTION 2. Section 57.153, Occupations Code, as added by
this Act, applies only to a cause of action that accrues on or after
the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.