85R2723 MK-D
 
  By: Campbell, Perry S.B. No. 1536
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the ability of a child-placing agency to decline to
  provide services or accept a referral from the Department of Family
  and Protective Services on the basis of sincerely held religious
  beliefs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.066 to read as follows:
         Sec. 42.066.  REFUSAL OF CHILD-PLACING AGENCY TO PROVIDE
  SERVICES OR ACCEPT REFERRALS UNDER CERTAIN CIRCUMSTANCES. (a) In
  this section:
               (1)  "Adverse action" includes:
                     (A)  denying an application for, refusing to
  renew, or canceling funding;
                     (B)  declining to enter into, refusing to renew,
  or canceling a contract;
                     (C)  declining to issue, refusing to renew, or
  canceling a license;
                     (D)  limiting a person's ability to participate in
  a government program;
                     (E)  pursuing an enforcement action against a
  person; or
                     (F)  taking any action that materially alters the
  terms or conditions of funding, a contract, or a license.
               (2)  "Governmental entity" means:
                     (A)  this state or a municipality or other
  political subdivision of this state; or
                     (B)  any agency of this state or of a municipality
  or other political subdivision of this state, including a
  department, bureau, board, commission, office, agency, council,
  court, and public institution of higher education.
               (3)  "Services" means any service provided by a
  child-placing agency, excluding case management or adoption
  services provided under contract with the department.
               (4)  "Sincerely held religious belief" means a
  religious belief adhered to by a child-placing agency that is
  contained in a written policy, statement of faith, or other
  document created by the child-placing agency.
         (b)  A child-placing agency is not required to provide a
  service if the service, or the circumstances under which the
  service will be provided, conflicts with the child-placing agency's
  sincerely held religious beliefs.
         (c)  If a child-placing agency declines to provide a service
  under Subsection (b), the child-placing agency shall:
               (1)  provide the applicant for the service with the
  written contact information for the department and any other
  adoption or foster care service providers; and
               (2)  promptly refer the applicant to:
                     (A)  another child-placing agency that performs
  the service and is currently able to perform the service; or
                     (B)  the list of child-placing agencies on the
  department's website.
         (d)  If a child-placing agency has a contract with the
  department, and the department makes a referral to the
  child-placing agency for foster care case management or adoption
  services under that contract, the child-placing agency may decline
  the referral if providing the services required by the referral
  would conflict with the child-placing agency's sincerely held
  religious beliefs. The department may not control or influence the
  child-placing agency's decision to engage in activities or provide
  services required by a referral.
         (e)  For purposes of Subsection (d), a child-placing agency
  accepts a referral when the child-placing agency:
               (1)  submits a written agreement to perform the
  services required by the referral for a particular child to the
  department; or
               (2)  engages in any activity in relation to the
  referral that would result in the department being obligated to pay
  the child-placing agency for the provision of services.
         (f)  A governmental entity may not take an adverse action
  against a child-placing agency on the basis of the child-placing
  agency's declining to provide services under Subsection (b) or
  declining to accept a referral from the department under Subsection
  (d).
         (g)  It is an affirmative defense in an administrative or
  judicial proceeding against a child-placing agency regarding the
  provision of services or acceptance of a referral that the
  child-placing agency declined to provide services or accept a
  referral from the department on the basis of a sincerely held
  religious belief.
         (h)  A child-placing agency's decision to decline a referral
  from the department to provide case management or adoption services
  for a child may not be considered as a factor in determining whether
  a placement in connection with the referral is in the best interest
  of the child.
         SECTION 2.  This Act takes effect September 1, 2017.