Bill Text: TX HB2779 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to protecting freedom of conscience from government discrimination.
Spectrum: Partisan Bill (Republican 17-0)
Status: (Introduced - Dead) 2017-03-27 - Referred to State Affairs [HB2779 Detail]
Download: Texas-2017-HB2779-Introduced.html
85R11505 LED-F | ||
By: Schaefer | H.B. No. 2779 |
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relating to protecting freedom of conscience from government | ||
discrimination. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 5, Civil Practice and Remedies Code, is | ||
amended by adding Chapter 110A to read as follows: | ||
CHAPTER 110A. FREE TO BELIEVE ACT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 110A.001. DEFINITIONS. In this chapter: | ||
(1) "Adoption or foster care" or "adoption or foster | ||
care service" means a social service provided to or in behalf of a | ||
child, including: | ||
(A) assisting an abused or neglected child; | ||
(B) teaching a child and parent occupational, | ||
homemaking, and other domestic skills; | ||
(C) promoting foster parenting; | ||
(D) providing a foster home, residential | ||
child-care facility, foster group home, or temporary foster group | ||
shelter for a child; | ||
(E) recruiting foster parents; | ||
(F) placing a child in a foster home; | ||
(G) licensing foster homes; | ||
(H) promoting adoption or recruiting adoptive | ||
parents; | ||
(I) assisting an adoption or supporting an | ||
adoptive family; | ||
(J) performing or assisting a home study; | ||
(K) assisting a kinship provider; | ||
(L) providing family preservation services; | ||
(M) providing family support services; and | ||
(N) providing temporary family reunification | ||
services. | ||
(2) "Discriminatory action" means any action taken by | ||
a governmental entity to: | ||
(A) withhold, reduce, exclude, terminate, | ||
materially alter the terms or conditions of, or otherwise make | ||
unavailable or deny any grant, contract, subcontract, cooperative | ||
agreement, guarantee, loan, scholarship, license, certification, | ||
accreditation, custody award or agreement, diploma, grade, | ||
recognition, or other similar benefit, position, or status from or | ||
to a person; | ||
(B) withhold, reduce, exclude, terminate, | ||
materially alter the terms or conditions of, or otherwise make | ||
unavailable or deny an entitlement or benefit provided under a | ||
state 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, | ||
revoke, or otherwise make unavailable a tax exemption of a person; | ||
(D) disallow, deny, or otherwise make | ||
unavailable a tax deduction for any charitable contribution made to | ||
or by a person; | ||
(E) impose, levy, or assess a monetary fine, fee, | ||
penalty, or injunction against a person; or | ||
(F) refuse to hire or promote, force to resign, | ||
fire, demote, sanction, discipline, materially alter the terms or | ||
conditions of employment, or retaliate or take other adverse | ||
employment action against a person who is employed or commissioned | ||
by a governmental entity. | ||
(3) "Governmental entity" means: | ||
(A) this state; | ||
(B) a board, bureau, commission, council, | ||
department, or other agency of this state, including an institution | ||
of higher education as defined by Section 61.003, Education Code; | ||
(C) the Texas Supreme Court, the Texas Court of | ||
Criminal Appeals, a state judicial agency, the State Bar of Texas, | ||
or a court in this state; | ||
(D) a political subdivision of this state, | ||
including a county, municipality, or special district or authority; | ||
(E) an officer, employee, or agent of an entity | ||
described by Paragraphs (A)-(D); or | ||
(F) a private person suing under or attempting to | ||
enforce a law, rule, order, or ordinance adopted by an entity | ||
described by Paragraphs (A)-(D). | ||
(4) "Person" has the meaning assigned by Section | ||
311.005, Government Code. | ||
(5) "Religious organization" means: | ||
(A) a house of worship, including a church, | ||
synagogue, shrine, mosque, or temple; | ||
(B) a religious group, corporation, association, | ||
school or educational institution, ministry, order, society, or | ||
similar entity, regardless of whether the entity is integrated or | ||
affiliated with a church or other house of worship; or | ||
(C) an officer, owner, employee, manager, | ||
religious leader, member of the clergy, or minister of an entity or | ||
organization described in this subdivision. | ||
(6) "State benefit program" means any program | ||
administered or funded by a governmental entity that provides cash, | ||
payments, grants, contracts, loans, or in-kind assistance. | ||
Sec. 110A.002. SHORT TITLE. This chapter may be cited as | ||
the Free to Believe Act. | ||
Sec. 110A.003. SINCERELY HELD RELIGIOUS BELIEFS OR MORAL | ||
CONVICTIONS. The sincerely held religious beliefs or moral | ||
convictions protected by this chapter are a belief or conviction | ||
that: | ||
(1) marriage is or should be recognized as the union of | ||
one man and one woman; and | ||
(2) the terms "male," "man," "female," and "woman" | ||
refer to an individual's immutable biological sex as objectively | ||
determined by anatomy and genetics at the time of birth. | ||
Sec. 110A.004. CONSTRUCTION OF CHAPTER. (a) This chapter | ||
shall be construed in favor of a broad protection of the free | ||
exercise of religious beliefs and moral convictions to the maximum | ||
extent allowed by this chapter and the state and federal | ||
constitutions. | ||
(b) The protections of free exercise of religious beliefs | ||
and moral convictions afforded by this chapter are in addition to | ||
the protections provided under federal or state law and the state | ||
and federal constitutions. | ||
(c) This chapter may not be construed to preempt or repeal a | ||
state or local law that is equally or more protective of the free | ||
exercise of religious beliefs or moral convictions or to narrow the | ||
meaning or application of a state or local law protecting the free | ||
exercise of religious beliefs or moral convictions. | ||
(d) 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 law. | ||
(e) This chapter applies to and in case of conflict | ||
supersedes each statute of this state that impinges on the free | ||
exercise of religious beliefs or moral convictions protected by | ||
this chapter. This chapter also applies to and in case of conflict | ||
supersedes an ordinance, rule, regulation, order, opinion, | ||
decision, practice, or other exercise of a governmental entity's | ||
authority that impinges on the free exercise of religious beliefs | ||
or moral convictions protected by this chapter. | ||
Sec. 110A.005. APPLICABILITY. This chapter is excluded | ||
from the application of Chapter 110. | ||
SUBCHAPTER B. DISCRIMINATORY ACTION BY GOVERNMENTAL ENTITY | ||
PROHIBITED | ||
Sec. 110A.051. ACTIVITIES OF RELIGIOUS ORGANIZATION. A | ||
governmental entity may not take any discriminatory action against | ||
a religious organization wholly or partly because the organization, | ||
based on or in a manner consistent with a sincerely held religious | ||
belief or moral conviction protected by this chapter: | ||
(1) makes an employment-related decision, including a | ||
decision to terminate, to discipline, or not to hire an individual | ||
whose conduct or religious beliefs are inconsistent with the | ||
beliefs of the religious organization; or | ||
(2) makes a decision concerning the sale, rental, or | ||
occupancy of, or the terms and conditions of occupying, a dwelling | ||
or other housing under the religious organization's control. | ||
Sec. 110A.052. ADOPTION OR FOSTER CARE. (a) A governmental | ||
entity may not take any discriminatory action against a religious | ||
organization that advertises, provides, or facilitates adoption or | ||
foster care wholly or partly because the organization has provided | ||
or declined to provide an adoption or foster care service, or a | ||
related service, based on or in a manner consistent with a sincerely | ||
held religious belief or moral conviction protected by this | ||
chapter. | ||
(b) A governmental entity may not take any discriminatory | ||
action against a person granted custody of a foster or adoptive | ||
child or a person who seeks custody of a foster or adoptive child | ||
wholly or partly because that person guides, instructs, or raises a | ||
child, or intends to guide, instruct, or raise a child, based on or | ||
in a manner consistent with a sincerely held religious belief or | ||
moral conviction protected by this chapter. | ||
Sec. 110A.053. SEX REASSIGNMENT OR GENDER IDENTITY | ||
TRANSITIONING. (a) A governmental entity may not take any | ||
discriminatory action against a person wholly or partly because the | ||
person, based on or in a manner consistent with a sincerely held | ||
religious belief or moral conviction protected by this chapter, | ||
declines to participate in providing: | ||
(1) treatment, counseling, or surgery related to sex | ||
reassignment or gender identity transitioning; or | ||
(2) psychological, counseling, or fertility services. | ||
(b) This section may not be construed to allow a person to | ||
deny visitation, recognition of a designated representative for | ||
health care decision-making, or emergency medical treatment | ||
necessary to cure an illness or injury as required by law. | ||
Sec. 110A.054. MARRIAGE-RELATED GOODS AND SERVICES. A | ||
governmental entity may not take any discriminatory action against | ||
a person wholly or partly because the person, based on or in a | ||
manner consistent with a sincerely held religious belief or moral | ||
conviction protected by this chapter, has provided or declined to | ||
provide the following for a purpose related to the solemnization, | ||
formation, celebration, or recognition of a marriage: | ||
(1) photography, poetry, videography, disc jockey | ||
services, wedding planning, printing, publishing, or similar | ||
marriage-related goods or services; or | ||
(2) floral arrangements, dressmaking, cake or pastry | ||
artistry, assembly hall or other wedding venue rentals, limousine | ||
or other car service rentals, jewelry sales and services, or | ||
similar marriage-related services, accommodations, facilities, | ||
goods, or privileges. | ||
Sec. 110A.055. EMPLOYEE AND STUDENT POLICIES. A | ||
governmental entity may not take any discriminatory action against | ||
a person wholly or partly because the person, based on or in a | ||
manner consistent with a sincerely held religious belief or moral | ||
conviction protected by this chapter, establishes sex-specific | ||
standards or policies concerning: | ||
(1) employee or student dress or grooming; or | ||
(2) access to restrooms, spas, baths, showers, | ||
dressing rooms, locker rooms, or other intimate facilities or | ||
settings. | ||
Sec. 110A.056. GOVERNMENTAL EMPLOYEE SPEECH OR CONDUCT. A | ||
governmental entity may not take any discriminatory action against | ||
an employee wholly or partly because the employee lawfully speaks | ||
or engages in expressive conduct, based on or in a manner consistent | ||
with a sincerely held religious belief or moral conviction | ||
protected by this chapter, so long as: | ||
(1) if the speech or expressive conduct occurs in the | ||
workplace, the speech or expressive conduct is consistent with the | ||
time, place, manner, and frequency of any other expression of a | ||
religious, political, or moral belief or conviction that would be | ||
protected; or | ||
(2) if the speech or expressive conduct occurs outside | ||
the workplace, the speech or expressive conduct is in the | ||
employee's personal capacity and outside the course of performing | ||
work duties. | ||
Sec. 110A.057. RECUSAL FROM MARRIAGE LICENSING. (a) A | ||
person employed by or acting on behalf of a governmental entity who | ||
has authority to authorize or license marriages, including a county | ||
clerk or deputy county clerk, may seek recusal from authorizing or | ||
licensing lawful marriages, based on or in a manner consistent with | ||
a sincerely held religious belief or moral conviction protected by | ||
this chapter. | ||
(b) A person making a recusal under this section shall | ||
provide written notice to the vital statistics unit of the | ||
Department of State Health Services before the recusal. The vital | ||
statistics unit shall keep a record of the recusal. | ||
(c) A person making a recusal under this section shall take | ||
all necessary steps to ensure that the authorization and licensing | ||
of a legally valid marriage is not impeded or delayed as a result of | ||
the recusal. | ||
(d) A governmental entity may not take any discriminatory | ||
action against a person described by Subsection (a) wholly or | ||
partly because of the recusal. | ||
Sec. 110A.058. RECUSAL FROM MARRIAGE PERFORMANCE. (a) A | ||
person employed by or acting on behalf of a governmental entity who | ||
has authority to perform or solemnize marriages, including a judge, | ||
magistrate, or justice of the peace, may seek recusal from | ||
performing or solemnizing lawful marriages, based on or in a manner | ||
consistent with a sincerely held religious belief or moral | ||
conviction protected by this chapter. | ||
(b) A person making a recusal under this section shall | ||
provide written notice to the Office of Court Administration of the | ||
Texas Judicial System before the recusal. | ||
(c) The Office of Court Administration of the Texas Judicial | ||
System shall take all necessary steps to ensure that the | ||
performance or solemnization of any legally valid marriage is not | ||
impeded or delayed as a result of any recusal under this section. | ||
(d) A governmental entity may not take any discriminatory | ||
action against a person described by Subsection (a) wholly or | ||
partly because of the recusal. | ||
Sec. 110A.059. ACCREDITATION, LICENSING, AND | ||
CERTIFICATION. A governmental entity shall consider a person | ||
accredited, licensed, or certified if the person would be | ||
accredited, licensed, or certified, respectively, under state law | ||
except for a determination against the person wholly or partly | ||
because the person believes, speaks, or acts in accordance with a | ||
sincerely held religious belief or moral conviction protected by | ||
this chapter. | ||
SUBCHAPTER C. PROCEDURES | ||
Sec. 110A.101. SOVEREIGN IMMUNITY WAIVED. Sovereign | ||
immunity to suit and from liability is waived and abolished to the | ||
extent of liability created by Section 110A.103. A person may sue a | ||
governmental entity for damages allowed by that section. | ||
Sec. 110A.102. CLAIM OR DEFENSE BASED ON DISCRIMINATORY | ||
ACTION. (a) A person may assert a violation of Subchapter B as a | ||
claim against a governmental entity in a judicial or administrative | ||
proceeding or as a defense in a judicial or administrative | ||
proceeding without regard to whether the proceeding is brought by | ||
or in the name of the governmental entity, a private person, or | ||
another party. | ||
(b) An action under this chapter may be commenced, and | ||
relief may be granted, in a court of this state without regard to | ||
whether the person commencing the action has sought or exhausted | ||
available administrative remedies. | ||
Sec. 110A.103. INJUNCTIVE RELIEF; DAMAGES. (a) An aggrieved | ||
person must first seek injunctive relief to prevent or remedy a | ||
violation of this chapter or the effects of a violation of this | ||
chapter. | ||
(b) Subject to Subsections (c) and (d), if a court has | ||
granted injunctive relief and the injunction is violated, only then | ||
may the aggrieved person seek: | ||
(1) compensatory damages for pecuniary and | ||
nonpecuniary losses; | ||
(2) reasonable attorney's fees and court costs; and | ||
(3) any other appropriate relief. | ||
(c) Only declaratory relief and injunctive relief are | ||
available against a private person not acting under the authority | ||
of a governmental entity on a successful assertion of a claim or | ||
defense under this chapter. | ||
(d) Liability of a governmental entity for compensatory | ||
damages under Subsection (b)(1) may not exceed $500,000 for all | ||
claims arising out of a single occurrence. A person is not entitled | ||
to recover exemplary damages or prejudgment interest under this | ||
chapter. | ||
Sec. 110A.104. TWO-YEAR LIMITATIONS PERIOD. A person must | ||
bring an action to assert a claim under this chapter not later than | ||
two years after the date the person knew or should have known that a | ||
discriminatory action was taken against that person. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a cause of action that accrues on or after the effective date of | ||
this Act. A cause of action that accrues before the effective date | ||
of this Act is governed by the law as it existed immediately before | ||
that date, and that law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2017. |