Bill Text: TX HB1239 | 2021-2022 | 87th Legislature | Enrolled


Bill Title: Relating to the prohibited suspension of laws protecting religious freedom and prohibited closure of places of worship.

Spectrum: Strong Partisan Bill (Republican 66-4)

Status: (Passed) 2021-06-16 - Effective immediately [HB1239 Detail]

Download: Texas-2021-HB1239-Enrolled.html
 
 
  H.B. No. 1239
 
 
 
 
AN ACT
  relating to the prohibited suspension of laws protecting religious
  freedom and prohibited closure of places of worship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 110.001(a), Civil Practice and Remedies
  Code, is amended by adding Subdivisions (3) and (4) to read as
  follows:
               (3)  "Place of worship" means a building or grounds
  where religious activities are conducted.
               (4)  "Public official" means any elected or appointed
  officer, employee, or agent of this state or any political
  subdivision, board, commission, bureau, or other public body
  established by law.
         SECTION 2.  Section 110.002, Civil Practice and Remedies
  Code, is amended by adding Subsection (d) to read as follows:
         (d)  For purposes of a state of disaster declared under
  Chapter 418, Government Code:
               (1)  this chapter is not considered a regulatory
  statute; and
               (2)  a provision of this chapter may not be suspended.
         SECTION 3.  Chapter 110, Civil Practice and Remedies Code,
  is amended by adding Section 110.0031 to read as follows:
         Sec. 110.0031.  PROHIBITION ON ORDERS CLOSING PLACES OF
  WORSHIP. A government agency or public official may not issue an
  order that closes or has the effect of closing places of worship in
  this state or in a geographic area of this state.
         SECTION 4.  Section 110.004, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 110.004.  DEFENSE. A person whose free exercise of
  religion has been substantially burdened in violation of Section
  110.003 or 110.0031 may assert that violation as a defense in a
  judicial or administrative proceeding without regard to whether the
  proceeding is brought in the name of the state or by any other
  person.
         SECTION 5.  Chapter 110, Civil Practice and Remedies Code,
  as amended by this Act, applies only to a claim or defense that
  accrues on or after the effective date of this Act.  A claim or
  defense 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 6.  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, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1239 was passed by the House on April
  9, 2021, by the following vote:  Yeas 122, Nays 22, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1239 on May 28, 2021, by the following vote:  Yeas 113, Nays 30,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1239 was passed by the Senate, with
  amendments, on May 21, 2021, by the following vote:  Yeas 28, Nays
  3.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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