Bill Text: TX SB651 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to discrimination by a state agency against an applicant for or holder of an occupational license.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2017-02-14 - Referred to Business & Commerce [SB651 Detail]
Download: Texas-2017-SB651-Introduced.html
85R5332 MAW-F | ||
By: Perry, Birdwell, Hughes | S.B. No. 651 |
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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. The legislature finds that: | ||
(1) as of January 1, 2017: | ||
(A) there are over 65 professions for which the | ||
state requires a person to obtain an occupational license; | ||
(B) over one-third of the members of the house of | ||
representatives hold occupational licenses; and | ||
(C) over one-half of the members of the senate | ||
hold occupational licenses; | ||
(2) a significant portion of professions in this state | ||
require an occupational license; | ||
(3) the state maintains stringent standards for | ||
obtaining an occupational license; | ||
(4) professions requiring an occupational license | ||
represent a vibrant and diverse sector of the state's economy; | ||
(5) the due course of the law protection of Section 19, | ||
Article I, Texas Constitution, prohibits the state from imposing | ||
unreasonably burdensome economic regulations; and | ||
(6) the state has a compelling or important | ||
governmental interest in protecting occupational license holders | ||
from discrimination based on a sincerely held religious belief by | ||
the government in the regulation of the profession for which the | ||
license is required. | ||
SECTION 2. 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 a license | ||
based on a sincerely held religious belief of the applicant; or | ||
(2) burdens a license holder's: | ||
(A) free exercise of religion, regardless of | ||
whether the burden is the result of a rule generally applicable to | ||
all 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 a rule, regulation, or | ||
policy adopted or a penalty imposed by a state agency that results | ||
in a limitation or burden described by Subsection (a) if the rule, | ||
regulation, policy, or penalty is: | ||
(1) essential to enforcing a compelling governmental | ||
purpose; and | ||
(2) narrowly tailored to accomplish that purpose. | ||
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. | ||
(b) A person may bring an action for injunctive relief | ||
against a violation of Section 57.003. | ||
SECTION 3. 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, 2017. |