| 1 | 1 | | 89R9789 JTZ-D |
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| 2 | 2 | | By: Oliverson H.B. No. 4547 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to certain actions by a state agency that burden certain |
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| 10 | 10 | | constitutional rights of an applicant for or holder of an |
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| 11 | 11 | | occupational license. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Chapter 57, Occupations Code, is amended by |
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| 14 | 14 | | adding Subchapter D to read as follows: |
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| 15 | 15 | | SUBCHAPTER D. STATE AGENCY ACTIONS BURDENING CERTAIN |
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| 16 | 16 | | CONSTITUTIONAL RIGHTS |
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| 17 | 17 | | Sec. 57.151. PROHIBITION ON CERTAIN STATE AGENCY ACTIONS. |
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| 18 | 18 | | (a) Notwithstanding any other law, a state agency may not adopt a |
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| 19 | 19 | | rule or take any regulatory or enforcement action that burdens an |
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| 20 | 20 | | applicant's or license holder's: |
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| 21 | 21 | | (1) free exercise of religion as protected by the |
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| 22 | 22 | | United States Constitution or Texas Constitution; or |
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| 23 | 23 | | (2) freedom of speech as protected by the United |
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| 24 | 24 | | States Constitution or Texas Constitution. |
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| 25 | 25 | | (b) Notwithstanding any other law, an act by a license |
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| 26 | 26 | | holder in the exercise of a right described by Subsection (a) does |
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| 27 | 27 | | not constitute unprofessional conduct by the license holder for |
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| 28 | 28 | | purposes of the law regulating the license holder's business, |
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| 29 | 29 | | occupation, or profession. |
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| 30 | 30 | | (c) On a determination by a state agency that a complaint |
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| 31 | 31 | | against a license holder is based on conduct by the license holder |
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| 32 | 32 | | in the exercise of a right described by Subsection (a), the state |
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| 33 | 33 | | agency shall promptly close any investigation relating to the |
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| 34 | 34 | | complaint and dismiss the complaint. |
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| 35 | 35 | | Sec. 57.152. COMPLAINTS BASED ON EXERCISE OF CONSTITUTIONAL |
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| 36 | 36 | | RIGHTS PROHIBITED. (a) A person may not file a complaint, or aid in |
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| 37 | 37 | | the filing of a complaint, with a state agency regarding speech or |
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| 38 | 38 | | conduct by a license holder that: |
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| 39 | 39 | | (1) is not made or done in the license holder's |
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| 40 | 40 | | professional capacity; or |
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| 41 | 41 | | (2) involves the license holder's exercise of a right |
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| 42 | 42 | | described by Section 57.151(a). |
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| 43 | 43 | | (b) If a person who files or aids in the filing of a |
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| 44 | 44 | | complaint in violation of Subsection (a) is a license holder, the |
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| 45 | 45 | | state agency regulating the license holder may take disciplinary |
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| 46 | 46 | | action against the license holder. |
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| 47 | 47 | | Sec. 57.153. PRIVATE CAUSE OF ACTION. (a) Not later than |
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| 48 | 48 | | the first anniversary of the date an applicant's or license holder's |
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| 49 | 49 | | rights were burdened by a state agency in violation of Section |
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| 50 | 50 | | 57.151, the applicant or license holder may bring an action against |
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| 51 | 51 | | the state agency or a member of the governing body of the state |
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| 52 | 52 | | agency in the member's official capacity. |
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| 53 | 53 | | (b) A prevailing claimant in an action brought under this |
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| 54 | 54 | | section is entitled to recover: |
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| 55 | 55 | | (1) declaratory relief; |
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| 56 | 56 | | (2) injunctive relief; |
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| 57 | 57 | | (3) three times the amount of compensatory damages; |
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| 58 | 58 | | and |
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| 59 | 59 | | (4) court costs and reasonable attorney's fees |
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| 60 | 60 | | incurred in bringing the action. |
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| 61 | 61 | | (c) A state agency's sovereign immunity to suit and from |
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| 62 | 62 | | liability is waived to the extent of liability created by this |
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| 63 | 63 | | section. A member of the governing body of a state agency may not |
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| 64 | 64 | | assert official immunity in an action brought under this section. |
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| 65 | 65 | | SECTION 2. Section 57.153, Occupations Code, as added by |
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| 66 | 66 | | this Act, applies only to a cause of action that accrues on or after |
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| 67 | 67 | | the effective date of this Act. |
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| 68 | 68 | | SECTION 3. This Act takes effect September 1, 2025. |
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