Bill Text: TX SB1536 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the ability of a child-placing agency to decline to provide services or accept a referral from the Department of Family and Protective Services on the basis of sincerely held religious beliefs.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-03-21 - Referred to State Affairs [SB1536 Detail]
Download: Texas-2017-SB1536-Introduced.html
85R2723 MK-D | ||
By: Campbell, Perry | S.B. No. 1536 |
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relating to the ability of a child-placing agency to decline to | ||
provide services or accept a referral from the Department of Family | ||
and Protective Services on the basis of sincerely held religious | ||
beliefs. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 42, Human Resources Code, | ||
is amended by adding Section 42.066 to read as follows: | ||
Sec. 42.066. REFUSAL OF CHILD-PLACING AGENCY TO PROVIDE | ||
SERVICES OR ACCEPT REFERRALS UNDER CERTAIN CIRCUMSTANCES. (a) In | ||
this section: | ||
(1) "Adverse action" includes: | ||
(A) denying an application for, refusing to | ||
renew, or canceling funding; | ||
(B) declining to enter into, refusing to renew, | ||
or canceling a contract; | ||
(C) declining to issue, refusing to renew, or | ||
canceling a license; | ||
(D) limiting a person's ability to participate in | ||
a government program; | ||
(E) pursuing an enforcement action against a | ||
person; or | ||
(F) taking any action that materially alters the | ||
terms or conditions of funding, a contract, or a license. | ||
(2) "Governmental entity" means: | ||
(A) this state or a municipality or other | ||
political subdivision of this state; or | ||
(B) 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, and public institution of higher education. | ||
(3) "Services" means any service provided by a | ||
child-placing agency, excluding case management or adoption | ||
services provided under contract with the department. | ||
(4) "Sincerely held religious belief" means a | ||
religious belief adhered to by a child-placing agency that is | ||
contained in a written policy, statement of faith, or other | ||
document created by the child-placing agency. | ||
(b) A child-placing agency is not required to provide a | ||
service if the service, or the circumstances under which the | ||
service will be provided, conflicts with the child-placing agency's | ||
sincerely held religious beliefs. | ||
(c) If a child-placing agency declines to provide a service | ||
under Subsection (b), the child-placing agency shall: | ||
(1) provide the applicant for the service with the | ||
written contact information for the department and any other | ||
adoption or foster care service providers; and | ||
(2) promptly refer the applicant to: | ||
(A) another child-placing agency that performs | ||
the service and is currently able to perform the service; or | ||
(B) the list of child-placing agencies on the | ||
department's website. | ||
(d) If a child-placing agency has a contract with the | ||
department, and the department makes a referral to the | ||
child-placing agency for foster care case management or adoption | ||
services under that contract, the child-placing agency may decline | ||
the referral if providing the services required by the referral | ||
would conflict with the child-placing agency's sincerely held | ||
religious beliefs. The department may not control or influence the | ||
child-placing agency's decision to engage in activities or provide | ||
services required by a referral. | ||
(e) For purposes of Subsection (d), a child-placing agency | ||
accepts a referral when the child-placing agency: | ||
(1) submits a written agreement to perform the | ||
services required by the referral for a particular child to the | ||
department; or | ||
(2) engages in any activity in relation to the | ||
referral that would result in the department being obligated to pay | ||
the child-placing agency for the provision of services. | ||
(f) A governmental entity may not take an adverse action | ||
against a child-placing agency on the basis of the child-placing | ||
agency's declining to provide services under Subsection (b) or | ||
declining to accept a referral from the department under Subsection | ||
(d). | ||
(g) It is an affirmative defense in an administrative or | ||
judicial proceeding against a child-placing agency regarding the | ||
provision of services or acceptance of a referral that the | ||
child-placing agency declined to provide services or accept a | ||
referral from the department on the basis of a sincerely held | ||
religious belief. | ||
(h) A child-placing agency's decision to decline a referral | ||
from the department to provide case management or adoption services | ||
for a child may not be considered as a factor in determining whether | ||
a placement in connection with the referral is in the best interest | ||
of the child. | ||
SECTION 2. This Act takes effect September 1, 2017. |