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A BILL TO BE ENTITLED
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AN ACT
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relating to the religious freedom of a conscientious objector to |
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act or fail to act with respect to certain issues of marriage, |
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sexual relations, and gender. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Marriage and |
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Religious Rights Ensured Act. |
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SECTION 2. Title 6, Civil Practice and Remedies Code, is |
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amended by adding Chapter 150A to read as follows: |
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CHAPTER 150A. MARRIAGE AND RELATED RELIGIOUS RIGHTS OF CONSCIENCE |
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Sec. 150A.001. DEFINITIONS. In this chapter: |
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(1) "Adverse action" means any action that directly or |
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indirectly adversely affects the person against whom the action was |
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taken or that directly or indirectly places the person in a worse |
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position than the person was in before the action was taken. The |
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term includes: |
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(A) an employment discharge, termination, |
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suspension, demotion, or reassignment; |
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(B) reduced responsibility in the person's |
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employment; |
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(C) increased surveillance of the person; |
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(D) threats toward the person; |
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(E) fines or increased fees; |
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(F) negative evaluations or references; |
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(G) limited access to benefits; |
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(H) refusal to hire or contract with the person; |
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(I) refusal to service or conduct business with |
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the person; |
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(J) the denial or revocation of any exemption, |
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benefit, license, certification, clearance, accreditation, or |
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other position or status; |
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(K) discrimination against the person; or |
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(L) any other action that is likely to deter a |
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reasonable person from acting or refusing to act. |
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(2) "Government agency" means: |
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(A) this state or a municipality or other |
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political subdivision of this state; or |
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(B) any agency of this state or of a municipality |
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or other political subdivision of this state, including a |
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department, bureau, board, commission, office, agency, council, |
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court, or public institution of higher education. |
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(3) "Harassment" means unwelcome conduct that a |
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reasonable person would consider intimidating, hostile, or |
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abusive. Harassment includes offensive jokes, slurs, epithets, |
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name-calling, physical assaults or threats, intimidation, |
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ridicule, mockery, and insults. Harassment does not include |
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slights, annoyances, or isolated incidents. |
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Sec. 150A.002. CONSCIENTIOUS OBJECTOR. For purposes of |
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this chapter, a person is considered to be a conscientious objector |
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if the person has a sincerely held religious belief that: |
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(A) marriage is or should be recognized as only |
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the union of one man and one woman; |
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(B) sexual relations should be exclusively |
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reserved to a marriage of only one man and one woman; or |
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(C) gender or gender identity is or should be |
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determined by the predominant chromosomal sex. |
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Sec. 150A.003. RELIGIOUS CONSCIENCE PROTECTED. (a) A |
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conscientious objector may freely act or refuse to act in |
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accordance with a sincerely held religious belief described by |
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Section 150A.002. |
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(b) Notwithstanding any other law, a person or government |
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agency may not take any adverse action against any conscientious |
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objector wholly or partly on the basis that the conscientious |
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objector: |
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(1) identifies as a conscientious objector; or |
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(2) acts or refuses to act in accordance with |
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Subsection (a). |
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(c) This section does not apply to: |
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(1) an action by a government agency that burdens a |
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conscientious objector's right to act or fail to act under |
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Subsection (a) if the government agency action: |
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(A) is in furtherance of a compelling |
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governmental interest; and |
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(B) is the least restrictive means of furthering |
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that interest; or |
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(2) actions taken solely for purposes of harassment. |
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Sec. 150A.004. CLAIMS OR DEFENSES. A conscientious |
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objector may assert an actual or threatened violation of this |
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chapter as a claim or defense in a judicial or administrative |
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proceeding and obtain compensatory damages, injunctive relief, |
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declaratory relief, or any other appropriate relief. |
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Sec. 150A.005. REMEDIES. A conscientious objector who |
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successfully asserts a claim or defense under this chapter is |
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entitled to recover: |
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(1) declaratory relief; |
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(2) injunctive relief to prevent the threatened or |
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continued adverse action against the conscientious objector; |
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(3) compensatory damages for pecuniary and |
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nonpecuniary losses; |
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(4) punitive damages; and |
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(5) reasonable attorney's fees, court costs, and other |
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reasonable expenses. |
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Sec. 150A.006. TWO-YEAR LIMITATIONS PERIOD. A |
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conscientious objector may bring an action to assert a claim for |
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damages under this chapter not later than the second anniversary of |
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the date the person knew of the adverse action under this chapter. |
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Sec. 150A.007. IMMUNITY WAIVED. (a) Sovereign, |
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government, and qualified immunities to suit and from liability are |
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waived and abolished to the extent of liability created by this |
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chapter, and a claimant may sue a government agency or official for |
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damages allowed by this chapter. |
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(b) Notwithstanding Subsection (a), this chapter does not |
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waive or abolish sovereign immunity to suit and from liability |
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under the Eleventh Amendment to the United States Constitution. |
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Sec. 150A.008. EFFECT ON RIGHTS. (a) This chapter may not |
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be construed to authorize a government agency to burden a person's |
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free exercise of religion. |
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(b) The protections of speech and religious freedom |
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afforded by this chapter are in addition to any protections |
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provided under federal law, the laws of this state, the United |
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States Constitution, and the Texas Constitution. |
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(c) This chapter may not be construed to supersede any law |
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of this state that is equally as protective of religious beliefs as, |
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or more protective of religious beliefs than, this chapter. |
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(d) This chapter may not be considered to narrow the meaning |
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or application of any other law protecting religious beliefs. |
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Sec. 150A.009. INTERPRETATION. This chapter shall be |
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liberally construed to effectuate its remedial and deterrent |
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purposes. |
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SECTION 3. The severability provisions of Section 311.032, |
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Government Code, apply to this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |