Bill Text: TX SB1799 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the religious freedom of a conscientious objector to act or fail to act with respect to certain issues of marriage.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-24 - Referred to State Affairs [SB1799 Detail]
Download: Texas-2015-SB1799-Introduced.html
| By: Taylor of Galveston | S.B. No. 1799 | |
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| relating to the religious freedom of a conscientious objector to | ||
| act or fail to act with respect to certain issues of marriage. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act shall be known as the Marriage and | ||
| Religious Rights Ensured Act. | ||
| SECTION 2. Title 6, Civil Practice and Remedies Code, is | ||
| amended by adding Chapter 150A to read as follows: | ||
| CHAPTER 150A. RELIGIOUS RIGHTS OF CONSCIENCE | ||
| Sec. 150A.001. NO LIABILITY FOR ACTION BASED ON RELIGIOUS | ||
| BELIEFS. Notwithstanding any other law to the contrary, a person is | ||
| not subject to liability for declining to (1) buy, sell, offer, or | ||
| provide a good or service; (2) enter a contract; (3) hire a person; | ||
| or (4) take any other discretionary action because of that person's | ||
| sincerely held religious belief about marriage as only the union of | ||
| one man and one woman. | ||
| Sec. 150A.002. GOVERNMENT ACTION PROHIBITED. (a) | ||
| Notwithstanding any other law to the contrary, a government agency | ||
| shall not take an adverse action against a person on the basis of | ||
| that person's sincerely held religious belief about marriage as | ||
| only the union of one man and one woman. | ||
| (b) "Adverse action," as used in this chapter, means any | ||
| action taken by a government agency to: (1) deny, revoke, reduce, or | ||
| disallow a tax exemption or deduction, or otherwise adversely alter | ||
| the tax treatment of the person; (2) deny, revoke, reduce, or | ||
| disallow a benefit, right, or entitlement; (3) deny, revoke, | ||
| reduce, or disallow any grant, contract, cooperative agreement, | ||
| loan, license, certification, accreditation, employment, or other | ||
| similar position or status; (4) take some adverse employment | ||
| action, including termination, suspension, or demotion; or (5) | ||
| otherwise discriminate against the person. | ||
| (c) "Government agency," as used in this chapter, means: | ||
| (1) this State or a municipality or other political | ||
| subdivision of this State; or | ||
| (2) any agency of this State or of a municipality or | ||
| other political subdivision of this State, including a department, | ||
| bureau, board, commission, office, agency, council, court, or | ||
| public institution of higher education. | ||
| (d) "Person," as used in this chapter, means a natural | ||
| person, a for-profit entity, a sole proprietorship, a nonprofit | ||
| organization, a religious organization, or a church. | ||
| Sec. 150A.003. CAUSE OF ACTION. A person may assert a | ||
| violation of section 150A.002 as a claim or defense in an | ||
| administrative or judicial proceeding and obtain compensatory | ||
| damages, injunctive relief, declaratory relief, or any other | ||
| appropriate relief against the government agency. | ||
| Sec. 150A.004. REMEDY. A person who successfully asserts a | ||
| claim or defense under this chapter is entitled to: | ||
| (1) declaratory relief; | ||
| (2) injunctive relief to prevent the threatened or | ||
| continued adverse action against the conscientious objector; | ||
| (3) compensatory damages for pecuniary and | ||
| nonpecuniary losses; | ||
| (4) punitive damages; and | ||
| (5) reasonable attorney's fees, court costs, and other | ||
| reasonable expenses. | ||
| Sec. 150A.005. TWO-YEAR LIMITATIONS PERIOD. A | ||
| conscientious objector may bring an action to assert a claim for | ||
| damages under this chapter not later than the second anniversary of | ||
| the date the person knew of the adverse action under this chapter. | ||
| Sec. 150A.006. IMMUNITY WAIVED. (a) Sovereign, government, | ||
| and qualified immunities to suit and from liability are waived and | ||
| abolished to the extent of liability created by this chapter, and a | ||
| claimant may sue a government agency or official for damages | ||
| allowed by this chapter. | ||
| (b) Notwithstanding Subsection (a), this chapter does not | ||
| waive or abolish sovereign immunity to suit and from liability | ||
| under the Eleventh Amendment to the United States Constitution. | ||
| Sec. 150A.007. EFFECT ON RIGHTS. (a) This chapter may not | ||
| be construed to authorize a government agency to burden a person's | ||
| free exercise of religion. | ||
| (b) The protections of speech and religious freedom | ||
| afforded by this chapter are in addition to any protections | ||
| provided under federal law, the laws of this state, the United | ||
| States Constitution, and the Texas Constitution. | ||
| (c) This chapter may not be construed to supersede any law | ||
| of this state that is equally as protective of religious beliefs as, | ||
| or more protective of religious beliefs than, this chapter. | ||
| (d) This chapter may not be considered to narrow the meaning | ||
| or application of any other law protecting religious beliefs. | ||
| Sec. 150A.008. INTERPRETATION. This chapter shall be | ||
| liberally construed to effectuate its remedial and deterrent | ||
| purposes. | ||
| SECTION 3. The severability provisions of Section 311.032, | ||
| Government Code, apply to this Act. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2015. | ||
