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 | ||
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| 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 | ||
