Bill Text: TX SB17 | 2019-2020 | 86th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to discrimination by a state agency against an applicant for or holder of an occupational license.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Engrossed - Dead) 2019-04-04 - Referred to State Affairs [SB17 Detail]

Download: Texas-2019-SB17-Introduced.html
  86R4527 MAW-F
 
  By: Perry S.B. No. 17
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to discrimination by a state agency against an applicant
  for or holder of an occupational license.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 57, Occupations Code, is amended by
  adding Sections 57.003 and 57.004 to read as follows:
         Sec. 57.003.  CERTAIN RULES OR POLICIES PROHIBITED. (a)  A
  state agency that issues a license or otherwise regulates a
  business, occupation, or profession may not adopt any rule,
  regulation, or policy or impose a penalty that:
               (1)  limits an applicant's ability to obtain, maintain,
  or renew a license based on a sincerely held religious belief of the
  applicant; or
               (2)  burdens an applicant's or a license holder's:
                     (A)  free exercise of religion, regardless of
  whether the burden is the result of a rule generally applicable to
  all applicants or license holders;
                     (B)  freedom of speech regarding a sincerely held
  religious belief; or
                     (C)  membership in any religious organization.
         (b)  Subsection (a) does not apply to the licensing or
  regulation of peace officers by the Texas Commission on Law
  Enforcement.
         (c)  Subsection (a) does not prohibit a state agency from
  taking any action to ensure that the standard of care or practice
  for the applicable business, occupation, or profession is
  satisfied.
         (d)  This section may not be construed to:
               (1)  authorize a license holder to refuse to provide a
  medical service within the scope of the person's license that is
  necessary to prevent death or imminent serious bodily injury; or
               (2)  limit any right, privilege, or protection granted
  to any person under the constitution and laws of this state and the
  United States.
         Sec. 57.004.  ADMINISTRATIVE OR JUDICIAL RELIEF. (a) A
  person may assert that a state agency rule, regulation, or policy,
  or a penalty imposed by the agency, violates Section 57.003 as a
  defense in an administrative hearing or as a claim or defense in a
  judicial proceeding under Chapter 37, Civil Practice and Remedies
  Code, except that the person may not assert the violation as a
  defense to: 
               (1)  an allegation of sexual misconduct; or
               (2)  prosecution of an offense.
         (b)  A person may bring an action for injunctive relief
  against a violation of Section 57.003.
         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.
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