| 1 | 1 | | By: Hagenbuch S.B. No. 2943 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to discrimination by a state agency against an applicant |
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| 9 | 9 | | for or holder of an occupational license. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 57, Occupations Code, is amended by adding |
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| 12 | 12 | | Sections 57.003 and 57.004 to read as follows: |
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| 13 | 13 | | Sec. 57.003. CERTAIN RULES OR POLICIES PROHIBITED. (a) A |
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| 14 | 14 | | state agency that issues a license or otherwise regulates a |
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| 15 | 15 | | business, occupation, or profession may not adopt any rule, |
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| 16 | 16 | | regulation, or policy or impose a penalty that: |
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| 17 | 17 | | (1) limits an applicant's ability to obtain, maintain, |
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| 18 | 18 | | or renew a license based on a sincerely held religious belief of the |
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| 19 | 19 | | applicant; or |
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| 20 | 20 | | (2) burdens an applicant's or a license holder's: |
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| 21 | 21 | | (A) free exercise of religion, regardless of |
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| 22 | 22 | | whether the burden is the result of a rule generally applicable to |
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| 23 | 23 | | all applicants or license holders; |
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| 24 | 24 | | (B) freedom of speech regarding a sincerely held |
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| 25 | 25 | | religious belief; or |
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| 26 | 26 | | (C) membership in any religious organization. |
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| 27 | 27 | | (b) Subsection (a) does not apply to the licensing or |
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| 28 | 28 | | regulation of peace officers by the Texas Commission on Law |
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| 29 | 29 | | Enforcement. |
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| 30 | 30 | | (c) Subsection (a) does not prohibit a state agency from |
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| 31 | 31 | | taking any action to ensure that the standard of care or practice |
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| 32 | 32 | | for the applicable business, occupation, or profession is |
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| 33 | 33 | | satisfied. |
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| 34 | 34 | | (d) This section may not be construed to: |
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| 35 | 35 | | (1) authorize a license holder to refuse to provide a |
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| 36 | 36 | | medical service within the scope of the person's license that is |
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| 37 | 37 | | necessary to prevent death or imminent serious bodily injury; or |
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| 38 | 38 | | (2) limit any right, privilege, or protection granted |
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| 39 | 39 | | to any person under the constitution and laws of this state and the |
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| 40 | 40 | | United States. |
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| 41 | 41 | | Sec. 57.004. ADMINISTRATIVE OR JUDICIAL RELIEF. (a) A |
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| 42 | 42 | | person may assert that a state agency rule, regulation, or policy, |
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| 43 | 43 | | or a penalty imposed by the agency, violates Section 57.003 as a |
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| 44 | 44 | | defense in an administrative hearing or as a claim or defense in a |
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| 45 | 45 | | judicial proceeding under Chapter 37, Civil Practice and Remedies |
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| 46 | 46 | | Code, except that the person may not assert the violation as a |
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| 47 | 47 | | defense to: |
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| 48 | 48 | | (1) an allegation of sexual misconduct; or |
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| 49 | 49 | | (2) prosecution of an offense. |
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| 50 | 50 | | (b) A person may bring an action for injunctive relief |
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| 51 | 51 | | against a violation of Section 57.003. |
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| 52 | 52 | | SECTION 2. This Act takes effect immediately if it receives |
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| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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| 56 | 56 | | Act takes effect September 1, 2019. |
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