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A BILL TO BE ENTITLED
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AN ACT
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relating to the religious freedom of a conscientious objector to |
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act or fail to act with respect to certain issues of marriage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Marriage and |
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Religious Rights Ensured Act. |
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SECTION 2. Title 6, Civil Practice and Remedies Code, is |
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amended by adding Chapter 150A to read as follows: |
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CHAPTER 150A. RELIGIOUS RIGHTS OF CONSCIENCE |
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Sec. 150A.001. NO LIABILITY FOR ACTION BASED ON RELIGIOUS |
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BELIEFS. Notwithstanding any other law to the contrary, a person is |
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not subject to liability for declining to (1) buy, sell, offer, or |
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provide a good or service; (2) enter a contract; (3) hire a person; |
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or (4) take any other discretionary action because of that person's |
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sincerely held religious belief about marriage as only the union of |
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one man and one woman. |
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Sec. 150A.002. GOVERNMENT ACTION PROHIBITED. (a) |
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Notwithstanding any other law to the contrary, a government agency |
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shall not take an adverse action against a person on the basis of |
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that person's sincerely held religious belief about marriage as |
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only the union of one man and one woman. |
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(b) "Adverse action," as used in this chapter, means any |
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action taken by a government agency to: (1) deny, revoke, reduce, or |
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disallow a tax exemption or deduction, or otherwise adversely alter |
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the tax treatment of the person; (2) deny, revoke, reduce, or |
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disallow a benefit, right, or entitlement; (3) deny, revoke, |
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reduce, or disallow any grant, contract, cooperative agreement, |
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loan, license, certification, accreditation, employment, or other |
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similar position or status; (4) take some adverse employment |
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action, including termination, suspension, or demotion; or (5) |
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otherwise discriminate against the person. |
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(c) "Government agency," as used in this chapter, means: |
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(1) this State or a municipality or other political |
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subdivision of this State; or |
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(2) any agency of this State or of a municipality or |
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other political subdivision of this State, including a department, |
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bureau, board, commission, office, agency, council, court, or |
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public institution of higher education. |
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(d) "Person," as used in this chapter, means a natural |
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person, a for-profit entity, a sole proprietorship, a nonprofit |
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organization, a religious organization, or a church. |
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Sec. 150A.003. CAUSE OF ACTION. A person may assert a |
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violation of section 150A.002 as a claim or defense in an |
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administrative or judicial proceeding and obtain compensatory |
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damages, injunctive relief, declaratory relief, or any other |
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appropriate relief against the government agency. |
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Sec. 150A.004. REMEDY. A person who successfully asserts a |
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claim or defense under this chapter is entitled to: |
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(1) declaratory relief; |
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(2) injunctive relief to prevent the threatened or |
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continued adverse action against the conscientious objector; |
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(3) compensatory damages for pecuniary and |
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nonpecuniary losses; |
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(4) punitive damages; and |
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(5) reasonable attorney's fees, court costs, and other |
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reasonable expenses. |
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Sec. 150A.005. TWO-YEAR LIMITATIONS PERIOD. A |
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conscientious objector may bring an action to assert a claim for |
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damages under this chapter not later than the second anniversary of |
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the date the person knew of the adverse action under this chapter. |
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Sec. 150A.006. IMMUNITY WAIVED. (a) Sovereign, government, |
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and qualified immunities to suit and from liability are waived and |
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abolished to the extent of liability created by this chapter, and a |
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claimant may sue a government agency or official for damages |
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allowed by this chapter. |
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(b) Notwithstanding Subsection (a), this chapter does not |
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waive or abolish sovereign immunity to suit and from liability |
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under the Eleventh Amendment to the United States Constitution. |
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Sec. 150A.007. EFFECT ON RIGHTS. (a) This chapter may not |
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be construed to authorize a government agency to burden a person's |
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free exercise of religion. |
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(b) The protections of speech and religious freedom |
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afforded by this chapter are in addition to any protections |
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provided under federal law, the laws of this state, the United |
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States Constitution, and the Texas Constitution. |
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(c) This chapter may not be construed to supersede any law |
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of this state that is equally as protective of religious beliefs as, |
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or more protective of religious beliefs than, this chapter. |
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(d) This chapter may not be considered to narrow the meaning |
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or application of any other law protecting religious beliefs. |
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Sec. 150A.008. INTERPRETATION. This chapter shall be |
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liberally construed to effectuate its remedial and deterrent |
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purposes. |
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SECTION 3. The severability provisions of Section 311.032, |
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Government Code, apply to this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |