Bill Text: TX SB1978 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to the protection of membership in, affiliation with, and support provided to religious organizations.

Spectrum: Partisan Bill (Republican 79-0)

Status: (Passed) 2019-06-10 - Effective on 9/1/19 [SB1978 Detail]

Download: Texas-2019-SB1978-Enrolled.html

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S.B. No. 1978

AN ACT
relating to the protection of membership in, affiliation with, and
support provided to religious organizations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 10, Government Code, is amended by adding
Subtitle H to read as follows:
SUBTITLE H. PROHIBITED ADVERSE ACTIONS BY GOVERNMENT
CHAPTER 2400. PROTECTION OF MEMBERSHIP IN AND SUPPORT TO RELIGIOUS
ORGANIZATIONS
Sec. 2400.001. DEFINITIONS. In this chapter:
(1) "Adverse action" means any action taken by a
governmental entity to:
(A) withhold, reduce, exclude, terminate, or
otherwise deny any grant, contract, subcontract, cooperative
agreement, loan, scholarship, license, registration,
accreditation, employment, or other similar status from or to a
person;
(B) withhold, reduce, exclude, terminate, or
otherwise deny any benefit provided under a benefit program from or
to a person;
(C) alter in any way the tax treatment of, cause
any tax, penalty, or payment assessment against, or deny, delay, or
revoke a tax exemption of a person;
(D) disallow a tax deduction for any charitable
contribution made to or by a person;
(E) deny admission to, equal treatment in, or
eligibility for a degree from an educational program or institution
to a person; or
(F) withhold, reduce, exclude, terminate, or
otherwise deny access to a property, educational institution,
speech forum, or charitable fund-raising campaign from or to a
person.
(2) "Benefit program" means any program administered
or funded by a governmental entity or federal agency that provides
assistance in the form of payments, grants, loans, or loan
guarantees.
(3) "Governmental entity" means:
(A) this state;
(B) a board, commission, council, department, or
other agency in the executive 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) the legislature or a legislative agency;
(D) a state judicial agency or the State Bar of
Texas;
(E) a political subdivision of this state,
including a county, municipality, or special district or authority;
or
(F) an officer, employee, or agent of an entity
described by Paragraphs (A)-(E).
(4) "Person" has the meaning assigned by Section
311.005, except the term does not include:
(A) an employee of a governmental entity acting
within the employee's scope of employment;
(B) a contractor of a governmental entity acting
within the scope of the contract; or
(C) an individual or a medical or residential
custodial health care facility while the individual or facility is
providing medically necessary services to prevent another
individual's death or imminent serious physical injury.
(5) "Religious organization" means an organization
that is a religious organization under Section 110.011(b), Civil
Practice and Remedies Code.
Sec. 2400.0015. APPLICABILITY. This chapter does not apply
to an investment prohibited under Chapter 808 or a contract
prohibited under Chapter 2270, as added by Chapter 1 (H.B. 89), Acts
of the 85th Legislature, Regular Session, 2017.
Sec. 2400.002. ADVERSE ACTION PROHIBITED. Notwithstanding
any other law, a governmental entity may not take any adverse action
against any person based wholly or partly on the person's
membership in, affiliation with, or contribution, donation, or
other support provided to a religious organization.
Sec. 2400.003. RELIEF AVAILABLE. (a) A person may assert
an actual or threatened violation of Section 2400.002 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. 2400.004. IMMUNITY WAIVED. A person who alleges a
violation of Section 2400.002 may sue the governmental entity for
the relief provided under Section 2400.003. Sovereign or
governmental immunity, as applicable, is waived and abolished to
the extent of liability for that relief.
Sec. 2400.005. INTERPRETATION. (a) This chapter may not
be construed to preempt a state or federal law that is equally or
more protective of the free exercise of religious beliefs or to
narrow the meaning or application of a state or federal law
protecting the free exercise of religious beliefs.
(b) This chapter 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 law.
SECTION 2. 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, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1978 passed the Senate on
May 16, 2019, by the following vote: Yeas 19, Nays 12; and that
the Senate concurred in House amendment on May 23, 2019, by the
following vote: Yeas 19, Nays 12.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1978 passed the House, with
amendment, on May 21, 2019, by the following vote: Yeas 79,
Nays 64, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor