Bill Text: TX HB2827 | 2019-2020 | 86th 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 13-0)
Status: (Introduced - Dead) 2019-03-12 - Referred to State Affairs [HB2827 Detail]
Download: Texas-2019-HB2827-Introduced.html
86R4527 MAW-F | ||
By: King of Parker | H.B. No. 2827 |
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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. 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. |