Bill Text: TX SB738 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the right of recusal from the performance of certain marriage ceremonies.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-11 - Referred to State Affairs [SB738 Detail]

Download: Texas-2021-SB738-Introduced.html

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87R6252 SCL-D
By: Birdwell S.B. No. 738

A BILL TO BE ENTITLED
AN ACT
relating to the right of recusal from the performance of certain
marriage ceremonies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 2, Family Code, is amended
by adding Section 2.603 to read as follows:
Sec. 2.603. RECUSAL FROM PERFORMANCE OF CERTAIN MARRIAGE
CEREMONIES; LIMITED LIABILITY. (a) A person authorized to conduct
a marriage ceremony under Section 2.202 may recuse himself or
herself from performing the ceremony based on the person's
sincerely held religious belief.
(b) A person who declines to perform a marriage ceremony
under Subsection (a) may assert that a law, policy, or adverse
action of this state violates that subsection as a defense in an
administrative hearing or a criminal action or as a claim or defense
in a civil action.
(c) A person described by Subsection (a) is not liable in a
civil action for any damages arising from the person's recusal
under that subsection.
(d) This section may not be construed to limit any other
right, privilege, or protection afforded to an individual under the
laws of the United States and this state.
SECTION 2. Section 2.205, Family Code, is amended by adding
Subsection (c) to read as follows:
(c) This section does not prohibit a person from recusing
himself or herself from conducting a marriage ceremony under
Section 2.603.
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, 2021.