Bill Text: TX SB559 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to discrimination against or burdening certain constitutional rights of an applicant for or holder of a license to practice law in this state.
Spectrum: Partisan Bill (Republican 31-0)
Status: (Engrossed - Dead) 2023-05-23 - Placed on General State Calendar [SB559 Detail]
Download: Texas-2023-SB559-Introduced.html
Bill Title: Relating to discrimination against or burdening certain constitutional rights of an applicant for or holder of a license to practice law in this state.
Spectrum: Partisan Bill (Republican 31-0)
Status: (Engrossed - Dead) 2023-05-23 - Placed on General State Calendar [SB559 Detail]
Download: Texas-2023-SB559-Introduced.html
88R599 YDB-D | ||
By: Hughes | S.B. No. 559 |
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relating to discrimination against or burdening certain | ||
constitutional rights of an applicant for or holder of a license to | ||
practice law in this state. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 81, Government Code, is | ||
amended by adding Section 81.02401 to read as follows: | ||
Sec. 81.02401. CERTAIN PROHIBITED RULES, POLICIES, AND | ||
PENALTIES; ADMINISTRATIVE OR INJUNCTIVE RELIEF. (a) A rule or | ||
policy adopted or a penalty imposed under this chapter may not: | ||
(1) limit an applicant's ability to obtain a license to | ||
practice law in this state, or a state bar member's ability to | ||
maintain or renew the license, based on a sincerely held religious | ||
belief of the applicant or state bar member; or | ||
(2) burden an applicant's or state bar member's: | ||
(A) free exercise of religion, regardless of | ||
whether the burden is the result of a rule or policy generally | ||
applicable to all applicants or state bar members; | ||
(B) freedom of speech or expression that is | ||
protected by the United States or Texas Constitution, including | ||
speech regarding a sincerely held religious belief, a political | ||
ideology, or a societal view, and of expressive conduct; | ||
(C) membership in any religious organization; or | ||
(D) freedom of association. | ||
(b) Subsection (a) does not apply to a state bar rule or | ||
policy adopted or penalty imposed under this chapter that results | ||
in a limitation or burden described by Subsection (a) if the rule, | ||
policy, or penalty: | ||
(1) is essential to enforcing a compelling | ||
governmental purpose and narrowly tailored to accomplish that | ||
purpose; or | ||
(2) restricts wilful expressions of bias or prejudice | ||
in connection with an adjudicatory proceeding. | ||
(c) A person may assert that a state bar rule or policy | ||
adopted or penalty imposed under this chapter violates Subsection | ||
(a) 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. | ||
(d) A person may bring an action for injunctive relief for a | ||
violation of Subsection (a). | ||
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, 2023. |