Texas 2025 - 89th Regular

Texas Senate Bill SB2574 Compare Versions

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

Old	New	Differences
1	1	By: Middleton S.B. No. 2574
2	2
3	3
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to preserving religious liberty from nativist
9	9	jurisprudence.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act shall be known as the Protection of
12	12	Religious Liberty from Nativist Jurisprudence Act.
13	13	SECTION 2. Title 5, Civil Practice and Remedies Code, is
14	14	amended by adding Chapter 110A to read as follows:
15	15	CHAPTER 110A. PROTECTION OF RELIGIOUS LIBERTY
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 110A.001. DEFINITIONS. In this chapter:
18	18	(1) "Blaine amendments" means:
19	19	(A) Section 7, Article I, Texas Constitution; and
20	20	(B) the third sentence of Section 5(c), Article
21	21	VII, Texas Constitution.
22	22	(2) "Governmental officer or employee" means an
23	23	officer or employee of this state or a political subdivision. The
24	24	term includes a member of the board of trustees of a school district
25	25	and a teacher, principal, administrator, or other individual
26	26	employed by a school district.
27	27	SUBCHAPTER B. PROTECTION OF RELIGIOUS LIBERTY
28	28	Sec. 110A.051. ENFORCEMENT OF BLAINE AMENDMENTS. A
29	29	governmental officer or employee may not enforce the Blaine
30	30	amendments unless the United States Supreme Court overrules Espinoza v. Montana Department of Revenue
31	31	Espinoza v. Montana Department of Revenue
32	32	Carson v. Makin
33	33	Sec. 110A.052. ENFORCEMENT OF ESTABLISHMENT CLAUSE. Except
34	34	as provided by Section 110A.053, a governmental officer or employee
35	35	may not enforce the Establishment Clause of the First Amendment of
36	36	the United States Constitution against any person other than the
37	37	federal government, its officers, or its instrumentalities.
38	38	Sec. 110A.053. EXCEPTIONS. Notwithstanding Section
39	39	110A.052, a governmental officer or employee may enforce the
40	40	Establishment Clause of the First Amendment of the United States
41	41	Constitution if necessary to comply with:
42	42	(1) a judgment or decree entered by a court against
43	43	that specific officer or employee, the officer's or employee's
44	44	superiors, or the entity that employs the officer or employee; or
45	45	(2) a directly-on-point ruling from the United States
46	46	Supreme Court or the United States Court of Appeals for the Fifth
47	47	Circuit if there are no reasonable grounds for distinguishing that
48	48	ruling factually or legally from the basis for the officer's or
49	49	employee's enforcement action.
50	50	Sec. 110A.054. REMEDIES. (a) Any person injured or
51	51	adversely affected by a violation of this chapter has standing to
52	52	bring and may bring a civil action in any court of this state
53	53	against any governmental officer or employee who violates this
54	54	chapter.
55	55	(b) On a finding that the defendant has violated or is
56	56	violating this chapter, the court in an action brought under this
57	57	section shall award:
58	58	(1) declaratory relief;
59	59	(2) injunctive relief;
60	60	(3) nominal or compensatory damages; and
61	61	(4) court costs and reasonable attorney's fees.
62	62	(c) Notwithstanding any other law, a person may bring an
63	63	action under this section not later than the sixth anniversary of
64	64	the date the cause of action accrues.
65	65	(d) Notwithstanding any other law, a defendant in an action
66	66	brought under this section may not assert and is not entitled to
67	67	sovereign immunity, governmental immunity, official immunity, or
68	68	qualified immunity.
69	69	Sec. 110A.055. ATTORNEY'S FEES FOR ESTABLISHMENT CLAUSE
70	70	ENFORCEMENT ACTIONS. (a) Notwithstanding any other law, any
71	71	person, including an entity, attorney, or law firm, that brings an
72	72	action to enforce the Blaine amendments or the Establishment Clause
73	73	of the First Amendment to the United States Constitution against
74	74	any person in this state in any state or federal court or that
75	75	represents a litigant seeking such relief in any state or federal
76	76	court is jointly and severally liable for the court costs and
77	77	reasonable attorney's fees of the party against whom such relief is
78	78	sought if that party prevails, including the court costs and
79	79	reasonable attorney's fees the prevailing party incurs to recover
80	80	court costs and reasonable attorney's fees.
81	81	(b) A party is considered to prevail under Subsection (a)
82	82	if:
83	83	(1) a state or federal court dismisses any claim or
84	84	cause of action described by Subsection (a) against the party,
85	85	regardless of the reason for the dismissal;
86	86	(2) a state or federal court enters judgment in the
87	87	party's favor on a claim or cause of action described by Subsection
88	88	(a); or
89	89	(3) another party that seeks declaratory or injunctive
90	90	relief described by Subsection (a) voluntarily dismisses or
91	91	nonsuits its claims against the prevailing party under any law,
92	92	including the Federal Rules of Civil Procedure and the Texas Rules
93	93	of Civil Procedure.
94	94	(c) A prevailing party under this section may recover court
95	95	costs and reasonable attorney's fees under this section only to the
96	96	extent those court costs and reasonable attorney's fees were
97	97	incurred while defending claims or causes of action on which the
98	98	party prevailed.
99	99	Sec. 110A.056. IMMUNITIES PRESERVED. (a) Subject to
100	100	Subsection (b) but notwithstanding any other law, the state has
101	101	sovereign immunity, a political subdivision has governmental
102	102	immunity, and an officer, employee, or agent of this state or a
103	103	political subdivision has official immunity, as well as sovereign
104	104	or governmental immunity, as appropriate, in any action, claim,
105	105	counterclaim, or any type of legal or equitable action that:
106	106	(1) challenges the validity of a provision or
107	107	application of this chapter, on constitutional grounds or
108	108	otherwise; or
109	109	(2) seeks to prevent or enjoin the state, a political
110	110	subdivision, or an officer, employee, or agent of this state or a
111	111	political subdivision from:
112	112	(A) enforcing a provision or application of this
113	113	chapter; or
114	114	(B) hearing, adjudicating, or docketing an
115	115	action brought under Section 110A.054 or 110A.055.
116	116	(b) Subsection (a) does not apply to the extent that
117	117	immunity has been abrogated or preempted by federal law in a manner
118	118	consistent with the United States Constitution.
119	119	(c) The sovereign immunity conferred by this section on the
120	120	state and each of its officers, employees, and agents includes the
121	121	constitutional sovereign immunity recognized by the United States
122	122	Supreme Court in Seminole Tribe of Florida v. Florida, 517 U.S. 44
123	123	(1996) and Alden v. Maine, 527 U.S. 706 (1999), which applies in
124	124	both state and federal court and may not be abrogated by Congress or
125	125	by any state or federal court except under legislation authorized
126	126	by:
127	127	(1) Section 5 of the Fourteenth Amendment, United
128	128	States Constitution;
129	129	(2) the Bankruptcy Clause of Article I, United States
130	130	Constitution;
131	131	(3) Congress's powers to raise and support armies and
132	132	to provide and maintain a navy; or
133	133	(4) any other ground that may be recognized by the
134	134	United States Supreme Court.
135	135	(d) Notwithstanding any other law, the immunities conferred
136	136	by this section shall apply in every court, both state and federal,
137	137	and in every adjudicative proceeding of any type.
138	138	(e) Notwithstanding any other law, a provision of state law
139	139	may not be construed to waive or abrogate an immunity described by
140	140	this section unless it expressly waives or abrogates immunity with
141	141	specific reference to this section.
142	142	(f) Notwithstanding any other law, an attorney representing
143	143	the state, a political subdivision, or an officer, employee, or
144	144	agent of this state or a political subdivision may not waive an
145	145	immunity described by this section or take any action that would
146	146	result in a waiver of that immunity. A purported waiver or action
147	147	described by this subsection is regarded as a legal nullity and an
148	148	ultra vires act.
149	149	Sec. 110A.057. LIMITS ON STATE COURT JURISDICTION. (a)
150	150	Notwithstanding any other law, including Chapter 37 of this code
151	151	and Sections 22.002, 22.221, 24.007, 24.008, 24.009, 24.010, and
152	152	24.011, Government Code, with respect to an action brought under
153	153	Section 110A.054 or 110A.055, a court of this state may not award
154	154	declaratory or injunctive relief, or any type of writ, that would:
155	155	(1) pronounce any provision or application of this
156	156	chapter invalid or unconstitutional; or
157	157	(2) restrain the state, a political subdivision, an
158	158	officer, employee, or agent of this state or a political
159	159	subdivision, or any person from:
160	160	(A) enforcing a provision or application of this
161	161	chapter; or
162	162	(B) hearing, adjudicating, docketing, or filing
163	163	an action brought under Section 110A.054 or 110A.055.
164	164	(b) A court of this state does not have jurisdiction to
165	165	consider any action, claim, or counterclaim that seeks relief
166	166	described by Subsection (a).
167	167	(c) This chapter may not be construed to prevent a litigant
168	168	from asserting the invalidity or unconstitutionality of any
169	169	provision or application of this chapter as a defense to any action,
170	170	claim, or counterclaim brought against the litigant with respect to
171	171	an action brought under Section 110A.054 or 110A.055.
172	172	(d) Notwithstanding any other law, any judicial relief
173	173	issued by a court of this state that disregards immunity conferred
174	174	by Section 110A.056(a) or the limitations on jurisdiction and
175	175	relief imposed by this section:
176	176	(1) is regarded as a legal nullity because the issuing
177	177	court is without jurisdiction; and
178	178	(2) may not be enforced or obeyed by any officer,
179	179	employee, or agent of this state or a political subdivision,
180	180	judicial or otherwise.
181	181	(e) Notwithstanding any other law, any writ, injunction, or
182	182	declaratory judgment issued by a court of this state that purports
183	183	to restrain the state, a political subdivision, an officer,
184	184	employee, or agent of this state or a political subdivision, or any
185	185	person from hearing, adjudicating, docketing, or filing an action
186	186	brought under Section 110A.054 or 110A.055 is regarded as a legal
187	187	nullity and a violation of the Due Process Clause of the Fourteenth
188	188	Amendment to the United States Constitution and may not be enforced
189	189	or obeyed by any officer, employee, or agent of this state or a
190	190	political subdivision, judicial or otherwise.
191	191	(f) Notwithstanding any other law, including rules adopted
192	192	under Chapter 26, a court may not certify a plaintiff or defendant
193	193	class with respect to any claim that seeks declaratory or
194	194	injunctive relief, or any type of stay or writ, that would:
195	195	(1) pronounce any provision or application of this
196	196	chapter invalid or unconstitutional;
197	197	(2) restrain or prevent the state, a political
198	198	subdivision, any officer, employee, or agent of this state or a
199	199	political subdivision, or any other person from enforcing any
200	200	provision or application of this chapter; or
201	201	(3) restrain or prevent a court from hearing,
202	202	adjudicating, docketing, or filing an action brought under Section
203	203	110A.054 or 110A.055.
204	204	Sec. 110A.058. SEVERABILITY. (a) Mindful of Leavitt v. Jane L.
205	205	Jane L.
206	206	the severability of a state statute the United States Supreme Court
207	207	held that an explicit statement of legislative intent is
208	208	controlling, it is the intent of the legislature that every
209	209	provision, section, subsection, sentence, clause, phrase, or word
210	210	in this chapter, and every application of the provisions in this
211	211	chapter to every person, group of persons, or circumstances, are
212	212	severable from each other.
213	213	(b) If any application of any provision in this chapter to
214	214	any person, group of persons, or circumstances is found by a court
215	215	to be invalid, preempted, or unconstitutional, for any reason
216	216	whatsoever, then the remaining applications of that provision to
217	217	all other persons and circumstances shall be severed and preserved,
218	218	and shall remain in effect. All constitutionally valid applications
219	219	of the provisions in this chapter shall be severed from any
220	220	applications that a court finds to be invalid, preempted, or
221	221	unconstitutional, because it is the legislature's intent and
222	222	priority that every single valid application of every statutory
223	223	provision be allowed to stand alone.
224	224	(c) The legislature further declares that it would have
225	225	enacted this chapter, and each provision, section, subsection,
226	226	sentence, clause, phrase, or word, and all constitutional
227	227	applications of the provisions of this chapter, irrespective of the
228	228	fact that any provision, section, subsection, sentence, clause,
229	229	phrase, or word, or applications of this chapter were to be declared
230	230	invalid, preempted, or unconstitutional.
231	231	(d) If any provision of this chapter is found by any court to
232	232	be unconstitutionally vague, then the applications of that
233	233	provision that do not present constitutional vagueness problems
234	234	shall be severed and remain in force, consistent with the
235	235	severability requirements of Subsections (a), (b), and (c).
236	236	(e) No court may decline to enforce the severability
237	237	requirements of Subsections (a), (b), (c), and (d) on the ground
238	238	that severance would rewrite the statute or involve the court in
239	239	legislative or lawmaking activity. A court that declines to
240	240	enforce or enjoins a state official from enforcing a statutory
241	241	provision is not rewriting a statute or engaging in legislative or
242	242	lawmaking activity, as the statute continues to contain the same
243	243	words as before the court's decision. A judicial injunction or
244	244	declaration of unconstitutionality:
245	245	(1) is nothing more than an edict prohibiting
246	246	enforcement of the disputed statute against the named parties to
247	247	that lawsuit, which may subsequently be vacated by a later court if
248	248	that court has a different understanding of the requirements of the
249	249	United States Constitution or Texas Constitution;
250	250	(2) is not a formal amendment of the language in a
251	251	statute; and
252	252	(3) no more rewrites a statute than a decision by the
253	253	executive not to enforce a duly enacted statute in a limited and
254	254	defined set of circumstances.
255	255	(f) If any state or federal court disregards any of the
256	256	severability requirements in Subsection (a), (b), (c), (d), or (e),
257	257	and declares or finds any provision of this chapter facially
258	258	invalid, preempted, or unconstitutional, when there are discrete
259	259	applications of that provision that can be enforced against a
260	260	person, group of persons, or circumstances without violating
261	261	federal law or the federal or state constitution, then that
262	262	provision shall be interpreted, as a matter of state law, as if the
263	263	legislature had enacted a provision limited to the persons, group
264	264	of persons, or circumstances for which the provision's application
265	265	will not violate federal law or the federal or state constitution,
266	266	and every court shall adopt this saving construction of that
267	267	provision until the court ruling that pronounced the provision
268	268	facially invalid, preempted, or unconstitutional is vacated or
269	269	overruled.
270	270	SECTION 3. Every provision, section, subsection, sentence,
271	271	clause, phrase, or word of this Act, and every application of the
272	272	provisions in this Act to every person, groups of persons, or
273	273	circumstances, are severable from each other. If any application of
274	274	any provision in this Act to any person, group of persons, or
275	275	circumstances is found by a court to be unconstitutional or
276	276	invalid, on any ground for any reason whatsoever, then the
277	277	remaining applications of that provision to all other persons and
278	278	circumstances shall be severed and may not be affected. All
279	279	constitutional applications of this Act shall be severed from any
280	280	applications that a court finds to be unconstitutional, leaving the
281	281	constitutional applications in force, because it is the
282	282	legislature's intent and priority that the constitutional
283	283	applications be allowed to stand alone. The legislature further
284	284	declares that it would have passed this Act, and each provision,
285	285	section, subsection, sentence, clause, phrase, or word, and all
286	286	constitutional applications of this Act, irrespective of the fact
287	287	that any provision, section, subsection, sentence, clause, phrase,
288	288	or word, or applications of this Act, were to be declared
289	289	unconstitutional by any court.
290	290	SECTION 4. Chapter 110A, Civil Practice and Remedies Code,
291	291	as added by this Act, applies only to a cause of action that accrues
292	292	on or after the effective date of this Act.
293	293	SECTION 5. This Act takes effect September 1, 2025.