Bill Text: TX HB3596 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the protection of religious organizations.
Spectrum: Partisan Bill (Republican 18-0)
Status: (Introduced - Dead) 2021-03-22 - Referred to State Affairs [HB3596 Detail]
Download: Texas-2021-HB3596-Introduced.html
| 87R10844 YDB-D | ||
| By: Leach | H.B. No. 3596 | |
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| relating to the protection of religious organizations. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle H, Title 10, Government Code, is | ||
| amended by adding Chapter 2401 to read as follows: | ||
| CHAPTER 2401. PROTECTION OF RELIGIOUS ORGANIZATIONS | ||
| Sec. 2401.001. DEFINITIONS. In this chapter: | ||
| (1) "Governmental entity" means: | ||
| (A) this state; | ||
| (B) a board, commission, council, department, or | ||
| other agency in the executive, judicial, or legislative branch of | ||
| state government that is created by the state constitution or a | ||
| statute, including an institution of higher education as defined by | ||
| Section 61.003, Education Code; | ||
| (C) a political subdivision of this state; or | ||
| (D) an officer, employee, or agent of an entity | ||
| described by Paragraphs (A) through (C). | ||
| (2) "Religious organization" means an organization | ||
| established to support and serve the propagation of a sincerely | ||
| held religious belief. | ||
| Sec. 2401.002. RELIEF AVAILABLE. (a) A person may assert | ||
| an actual or threatened violation of Section 6-a, Article I, Texas | ||
| Constitution, as a claim or defense in a judicial or administrative | ||
| proceeding and obtain: | ||
| (1) injunctive relief; | ||
| (2) declaratory relief; and | ||
| (3) court costs and reasonable attorney's fees. | ||
| (b) Notwithstanding any other law, a person may commence an | ||
| action under this section and relief may be granted regardless of | ||
| whether the person has sought or exhausted available administrative | ||
| remedies. | ||
| Sec. 2401.003. IMMUNITY WAIVED. A person who alleges a | ||
| violation of Section 6-a, Article I, Texas Constitution, may sue | ||
| the governmental entity for the relief provided under Section | ||
| 2401.002. Sovereign or governmental immunity, as applicable, is | ||
| waived and abolished to the extent of liability for that relief. | ||
| Sec. 2401.004. ATTORNEY GENERAL ACTION; INTERVENTION IN | ||
| PROCEEDING; PROHIBITED RECOVERY OF EXPENSES. (a) The attorney | ||
| general may bring an action for injunctive or declaratory relief | ||
| against a governmental entity to enforce compliance with Section | ||
| 6-a, Article I, Texas Constitution. | ||
| (b) This section may not be construed to deny, impair, or | ||
| otherwise affect any authority of the attorney general or a | ||
| governmental entity acting under other law to institute or | ||
| intervene in an action. | ||
| (c) The attorney general may not recover expenses incurred | ||
| in bringing, instituting, or intervening in an action described by | ||
| this section. | ||
| Sec. 2401.005. INTERPRETATION. (a) This chapter and | ||
| Section 6-a, Article I, Texas Constitution, may not be construed to | ||
| preempt state or federal constitutional or statutory law that is | ||
| equally or more protective of the free exercise of religious | ||
| beliefs or to narrow the meaning or application of state or federal | ||
| constitutional or statutory law protecting the free exercise of | ||
| religious beliefs. | ||
| (b) This chapter and Section 6-a, Article I, Texas | ||
| Constitution, may not be construed to prevent a governmental entity | ||
| from providing, either directly or through a person who is not | ||
| seeking protection under this chapter, any benefit or service | ||
| authorized under state or federal constitutional or statutory law. | ||
| Sec. 2401.006. SUSPENSION PROHIBITED. The protections | ||
| guaranteed under Section 6-a, Article I, Texas Constitution, and | ||
| this chapter may not be suspended. | ||
| SECTION 2. Chapter 2401, Government Code, as added by this | ||
| Act, applies only to a cause of action that accrues on or after the | ||
| effective date of this Act. A cause of action that accrued before | ||
| the effective date of this Act is governed by the law in effect | ||
| immediately before the effective date of this Act, and that law is | ||
| continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect January 1, 2022, but only | ||
| if the constitutional amendment proposed by the 87th Legislature, | ||
| Regular Session, 2021, to prohibit this state or a political | ||
| subdivision of this state from prohibiting or limiting a religious | ||
| service conducted by a religious organization is approved by the | ||
| voters. If that proposed constitutional amendment is not approved | ||
| by the voters, this Act has no effect. | ||
