Bill Text: TX HB4497 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to protecting freedom of conscience from government discrimination for businesses and other persons.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-26 - Referred to State Affairs [HB4497 Detail]
Download: Texas-2019-HB4497-Introduced.html
By: Hefner | H.B. No. 4497 |
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relating to protecting freedom of conscience from government | ||
discrimination for businesses and other persons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 5, Civil Practice and Remedies Code, is | ||
amended by adding Chapter 110A to read as follows: | ||
CHAPTER 110A. FREEDOM OF CONSCIENCE | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 110A.001. DEFINITIONS. In this chapter: | ||
(1) "Discriminatory action" means any action taken by | ||
a governmental entity to: | ||
(A) withhold, reduce, exclude, terminate, | ||
materially alter the terms or conditions of, or otherwise make | ||
unavailable or deny any grant, contract, subcontract, cooperative | ||
agreement, guarantee, loan, license, certification, recognition, | ||
or other similar benefit, position, or status from or to a person; | ||
(B) withhold, reduce, exclude, terminate, | ||
materially alter the terms or conditions of, or otherwise make | ||
unavailable or deny an entitlement or benefit provided under a | ||
state benefit program from or to a person; | ||
(C) alter in any way the tax treatment of, cause | ||
any tax, penalty, or payment assessment against, or deny, delay, | ||
revoke, or otherwise make unavailable a tax exemption of a person; | ||
(D) disallow, deny, or otherwise make | ||
unavailable a tax deduction for any charitable contribution made to | ||
or by a person; or | ||
(E) impose, levy, or assess a monetary fine, fee, | ||
penalty, or injunction against a person. | ||
(2) "Governmental entity" means: | ||
(A) this state; | ||
(B) a board, bureau, commission, council, | ||
department, or other agency of this state; | ||
(C) the Texas Supreme Court, the Texas Court of | ||
Criminal Appeals, a state judicial agency, the State Bar of Texas, | ||
or a court in this state; | ||
(D) a political subdivision of this state, | ||
including a county, municipality, or special district or authority; | ||
(E) an officer, employee, or agent of an entity | ||
described by Paragraphs (A)-(D); or | ||
(F) a private person suing under or attempting to | ||
enforce a law, rule, order, or ordinance adopted by an entity | ||
described by Paragraphs (A)-(D). | ||
(3) "Person" has the meaning assigned by Section | ||
311.005, Government Code. | ||
Sec. 110A.002. SINCERELY HELD RELIGIOUS BELIEF OR MORAL | ||
CONVICTION. The sincerely held religious belief or moral | ||
conviction protected by this chapter is the belief or conviction | ||
that marriage is or should be recognized as the union of one man and | ||
one woman. | ||
Sec. 110A.003. CONSTRUCTION OF CHAPTER. (a) This chapter | ||
shall be construed in favor of a broad protection of the free | ||
exercise of religious belief and moral conviction to the maximum | ||
extent allowed by this chapter and the state and federal | ||
constitutions. | ||
(b) The protections of free exercise of religious belief and | ||
moral conviction afforded by this chapter are in addition to the | ||
protections provided under federal or state law and the state and | ||
federal constitutions. | ||
(c) This chapter may not be construed to preempt or repeal a | ||
state or local law that is equally or more protective of the free | ||
exercise of religious belief or moral conviction or to narrow the | ||
meaning or application of a state or local law protecting the free | ||
exercise of religious belief or moral conviction. | ||
(d) This chapter may not be construed to prevent a | ||
governmental entity from providing, either directly or through a | ||
person who is not seeking protection under this chapter, any | ||
benefit or service authorized under state law. | ||
(e) This chapter applies to and in case of conflict | ||
supersedes each statute of this state that impinges on the free | ||
exercise of religious belief or moral conviction protected by this | ||
chapter. This chapter also applies to and in case of conflict | ||
supersedes an ordinance, rule, regulation, order, opinion, | ||
decision, practice, or other exercise of a governmental entity's | ||
authority that impinges on the free exercise of religious belief or | ||
moral conviction protected by this chapter. | ||
Sec. 110A.004. APPLICABILITY. This chapter is excluded | ||
from the application of Chapter 110. | ||
SUBCHAPTER B. CERTAIN DISCRIMINATORY ACTION BY GOVERNMENTAL ENTITY | ||
PROHIBITED | ||
Sec. 110A.051. MARRIAGE-RELATED GOODS AND SERVICES. A | ||
governmental entity may not take any discriminatory action against | ||
a person wholly or partly because the person, based on or in a | ||
manner consistent with a sincerely held religious belief or moral | ||
conviction protected by this chapter, has provided or declined to | ||
provide the following for a purpose related to the solemnization, | ||
formation, celebration, or recognition of a marriage: | ||
(1) photography, poetry, videography, disc jockey | ||
services, wedding planning, printing, publishing, or similar | ||
marriage-related goods or services; or | ||
(2) floral arrangements, dressmaking, cake or pastry | ||
artistry, assembly hall or other wedding venue rentals, or similar | ||
marriage-related services, accommodations, facilities, goods, or | ||
privileges. | ||
SUBCHAPTER C. PROCEDURES | ||
Sec. 110A.101. SOVEREIGN IMMUNITY WAIVED. Sovereign | ||
immunity to suit and from liability is waived and abolished to the | ||
extent of liability created by Section 110A.103. A person may sue a | ||
governmental entity for damages allowed by that section. | ||
Sec. 110A.102. CLAIM OR DEFENSE BASED ON DISCRIMINATORY | ||
ACTION. (a) A person may assert a violation of Subchapter B as a | ||
claim against a governmental entity in a judicial or administrative | ||
proceeding or as a defense in a judicial or administrative | ||
proceeding without regard to whether the proceeding is brought by | ||
or in the name of the governmental entity, a private person, or | ||
another party. | ||
(b) An action under this chapter may be commenced, and | ||
relief may be granted, in a court of this state without regard to | ||
whether the person commencing the action has sought or exhausted | ||
available administrative remedies. | ||
Sec. 110A.103. INJUNCTIVE RELIEF; DAMAGES. (a) An | ||
aggrieved person must first seek injunctive relief to prevent or | ||
remedy a violation of this chapter or the effects of a violation of | ||
this chapter. | ||
(b) Subject to Subsections (c) and (d), if a court has | ||
granted injunctive relief and the injunction is violated, only then | ||
may the aggrieved person seek: | ||
(1) compensatory damages for pecuniary and | ||
nonpecuniary losses; | ||
(2) reasonable attorney's fees and court costs; and | ||
(3) any other appropriate relief. | ||
(c) Only declaratory relief and injunctive relief are | ||
available against a private person not acting under the authority | ||
of a governmental entity on a successful assertion of a claim or | ||
defense under this chapter. | ||
(d) Liability of a governmental entity for compensatory | ||
damages under Subsection (b)(1) may not exceed $500,000 for all | ||
claims arising out of a single occurrence. A person is not entitled | ||
to recover exemplary damages or prejudgment interest under this | ||
chapter. | ||
Sec. 110A.104. TWO-YEAR LIMITATIONS PERIOD. A person must | ||
bring an action to assert a claim under this chapter not later than | ||
two years after the date the person knew or should have known that a | ||
discriminatory action was taken against that person. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a cause of action that accrues on or after the effective date of | ||
this Act. A cause of action that accrues before the effective date | ||
of this Act is governed by the law applicable to the cause of action | ||
immediately before that date, and that law is continued in effect | ||
for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2019. |