Bill Text: TX SB251 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to prohibited suspension of laws protecting religious freedom and prohibited closure of places of worship.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2021-03-03 - Referred to State Affairs [SB251 Detail]
Download: Texas-2021-SB251-Introduced.html
| By: Paxton, Perry | S.B. No. 251 | |
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| relating to 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 Practices 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 the state or any political | ||
| subdivision, board, commission, bureau, or other public body | ||
| established by law. | ||
| SECTION 2. Amend Section 110.002, Civil Practices and | ||
| Remedies Code, to read as follows: | ||
| Sec. 110.002. APPLICATION. (a) This chapter applies to any | ||
| ordinance, rule, order, decision, practice, or other exercise of | ||
| governmental authority. | ||
| (b) This chapter applies to an act of a government agency, | ||
| in the exercise of governmental authority, granting or refusing to | ||
| grant a government benefit to an individual. | ||
| (c) This chapter applies to each law of this state unless | ||
| the law is expressly made exempt from the application of this | ||
| chapter by reference to this chapter. | ||
| (d) For purposes of a disaster as defined by Sec. 418.004, | ||
| Government Code: | ||
| (1) this chapter is not considered a regulatory | ||
| statute; and | ||
| (2) a provision of this chapter may not be suspended. | ||
| SECTION 3. Amend Chapter 110, Civil Practices and Remedies | ||
| Code, by adding Section 110.0031 to read as follows: | ||
| Sec. 110.0031. PROHIBITION ON 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 the state | ||
| or in a geographic area of the state. | ||
| SECTION 4. Amend Sec. 110.004, Civil Practices and Remedies | ||
| Code, 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 and 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 Practices and Remedies Code, | ||
| as added by this Act, applies only to a claim that accrues on or | ||
| after the effective date of this Act. A claim 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. | ||
