85R11505 LED-F     By: Schaefer H.B. No. 2779       A BILL TO BE ENTITLED   AN ACT   relating to protecting freedom of conscience from government   discrimination.          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. FREE TO BELIEVE ACT   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 110A.001.  DEFINITIONS. In this chapter:                (1)  "Adoption or foster care" or "adoption or foster   care service" means a social service provided to or in behalf of a   child, including:                      (A)  assisting an abused or neglected child;                      (B)  teaching a child and parent occupational,   homemaking, and other domestic skills;                      (C)  promoting foster parenting;                      (D)  providing a foster home, residential   child-care facility, foster group home, or temporary foster group   shelter for a child;                      (E)  recruiting foster parents;                      (F)  placing a child in a foster home;                      (G)  licensing foster homes;                      (H)  promoting adoption or recruiting adoptive   parents;                      (I)  assisting an adoption or supporting an   adoptive family;                      (J)  performing or assisting a home study;                      (K)  assisting a kinship provider;                      (L)  providing family preservation services;                      (M)  providing family support services; and                      (N)  providing temporary family reunification   services.                (2)  "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, scholarship, license, certification,   accreditation, custody award or agreement, diploma, grade,   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;                      (E)  impose, levy, or assess a monetary fine, fee,   penalty, or injunction against a person; or                      (F)  refuse to hire or promote, force to resign,   fire, demote, sanction, discipline, materially alter the terms or   conditions of employment, or retaliate or take other adverse   employment action against a person who is employed or commissioned   by a governmental entity.                (3)  "Governmental entity" means:                      (A)  this state;                      (B)  a board, bureau, commission, council,   department, or other agency of this state, including an institution   of higher education as defined by Section 61.003, Education Code;                      (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).                (4)  "Person" has the meaning assigned by Section   311.005, Government Code.                (5)  "Religious organization" means:                      (A)  a house of worship, including a church,   synagogue, shrine, mosque, or temple;                      (B)  a religious group, corporation, association,   school or educational institution, ministry, order, society, or   similar entity, regardless of whether the entity is integrated or   affiliated with a church or other house of worship; or                      (C)  an officer, owner, employee, manager,   religious leader, member of the clergy, or minister of an entity or   organization described in this subdivision.                (6) "State benefit program" means any program   administered or funded by a governmental entity that provides cash,   payments, grants, contracts, loans, or in-kind assistance.          Sec. 110A.002.  SHORT TITLE. This chapter may be cited as   the Free to Believe Act.          Sec. 110A.003.  SINCERELY HELD RELIGIOUS BELIEFS OR MORAL   CONVICTIONS. The sincerely held religious beliefs or moral   convictions protected by this chapter are a belief or conviction   that:                (1)  marriage is or should be recognized as the union of   one man and one woman; and                (2)  the terms "male," "man," "female," and "woman"   refer to an individual's immutable biological sex as objectively   determined by anatomy and genetics at the time of birth.          Sec. 110A.004.  CONSTRUCTION OF CHAPTER.  (a)  This chapter   shall be construed in favor of a broad protection of the free   exercise of religious beliefs and moral convictions to the maximum   extent allowed by this chapter and the state and federal   constitutions.          (b)  The protections of free exercise of religious beliefs   and moral convictions 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 beliefs or moral convictions or to narrow the   meaning or application of a state or local law protecting the free   exercise of religious beliefs or moral convictions.          (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 beliefs or moral convictions 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 beliefs   or moral convictions protected by this chapter.          Sec. 110A.005.  APPLICABILITY. This chapter is excluded   from the application of Chapter 110.   SUBCHAPTER B.  DISCRIMINATORY ACTION BY GOVERNMENTAL ENTITY   PROHIBITED          Sec. 110A.051.  ACTIVITIES OF RELIGIOUS ORGANIZATION. A   governmental entity may not take any discriminatory action against   a religious organization wholly or partly because the organization,   based on or in a manner consistent with a sincerely held religious   belief or moral conviction protected by this chapter:                (1)  makes an employment-related decision, including a   decision to terminate, to discipline, or not to hire an individual   whose conduct or religious beliefs are inconsistent with the   beliefs of the religious organization; or                (2)  makes a decision concerning the sale, rental, or   occupancy of, or the terms and conditions of occupying, a dwelling   or other housing under the religious organization's control.          Sec. 110A.052.  ADOPTION OR FOSTER CARE. (a)  A governmental   entity may not take any discriminatory action against a religious   organization that advertises, provides, or facilitates adoption or   foster care wholly or partly because the organization has provided   or declined to provide an adoption or foster care service, or a   related service, based on or in a manner consistent with a sincerely   held religious belief or moral conviction protected by this   chapter.          (b)  A governmental entity may not take any discriminatory   action against a person granted custody of a foster or adoptive   child or a person who seeks custody of a foster or adoptive child   wholly or partly because that person guides, instructs, or raises a   child, or intends to guide, instruct, or raise a child, based on or   in a manner consistent with a sincerely held religious belief or   moral conviction protected by this chapter.          Sec. 110A.053.  SEX REASSIGNMENT OR GENDER IDENTITY   TRANSITIONING. (a)  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,   declines to participate in providing:                (1)  treatment, counseling, or surgery related to sex   reassignment or gender identity transitioning; or                (2)  psychological, counseling, or fertility services.          (b)  This section may not be construed to allow a person to   deny visitation, recognition of a designated representative for   health care decision-making, or emergency medical treatment   necessary to cure an illness or injury as required by law.          Sec. 110A.054.  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, limousine   or other car service rentals, jewelry sales and services, or   similar marriage-related services, accommodations, facilities,   goods, or privileges.          Sec. 110A.055.  EMPLOYEE AND STUDENT POLICIES. 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, establishes sex-specific   standards or policies concerning:                (1)  employee or student dress or grooming; or                (2)  access to restrooms, spas, baths, showers,   dressing rooms, locker rooms, or other intimate facilities or   settings.          Sec. 110A.056.  GOVERNMENTAL EMPLOYEE SPEECH OR CONDUCT. A   governmental entity may not take any discriminatory action against   an employee wholly or partly because the employee lawfully speaks   or engages in expressive conduct, based on or in a manner consistent   with a sincerely held religious belief or moral conviction   protected by this chapter, so long as:                (1)  if the speech or expressive conduct occurs in the   workplace, the speech or expressive conduct is consistent with the   time, place, manner, and frequency of any other expression of a   religious, political, or moral belief or conviction that would be   protected; or                (2)  if the speech or expressive conduct occurs outside   the workplace, the speech or expressive conduct is in the   employee's personal capacity and outside the course of performing   work duties.          Sec. 110A.057.  RECUSAL FROM MARRIAGE LICENSING. (a)  A   person employed by or acting on behalf of a governmental entity who   has authority to authorize or license marriages, including a county   clerk or deputy county clerk, may seek recusal from authorizing or   licensing lawful marriages, based on or in a manner consistent with   a sincerely held religious belief or moral conviction protected by   this chapter.          (b)  A person making a recusal under this section shall   provide written notice to the vital statistics unit of the   Department of State Health Services before the recusal.  The vital   statistics unit shall keep a record of the recusal.          (c)  A person making a recusal under this section shall take   all necessary steps to ensure that the authorization and licensing   of a legally valid marriage is not impeded or delayed as a result of   the recusal.          (d)  A governmental entity may not take any discriminatory   action against a person described by Subsection (a) wholly or   partly because of the recusal.          Sec. 110A.058.  RECUSAL FROM MARRIAGE PERFORMANCE.  (a)  A   person employed by or acting on behalf of a governmental entity who   has authority to perform or solemnize marriages, including a judge,   magistrate, or justice of the peace, may seek recusal from   performing or solemnizing lawful marriages, based on or in a manner   consistent with a sincerely held religious belief or moral   conviction protected by this chapter.          (b)  A person making a recusal under this section shall   provide written notice to the Office of Court Administration of the   Texas Judicial System before the recusal.          (c)  The Office of Court Administration of the Texas Judicial   System shall take all necessary steps to ensure that the   performance or solemnization of any legally valid marriage is not   impeded or delayed as a result of any recusal under this section.          (d)  A governmental entity may not take any discriminatory   action against a person described by Subsection (a) wholly or   partly because of the recusal.          Sec. 110A.059.  ACCREDITATION, LICENSING, AND   CERTIFICATION.  A governmental entity shall consider a person   accredited, licensed, or certified if the person would be   accredited, licensed, or certified, respectively, under state law   except for a determination against the person wholly or partly   because the person believes, speaks, or acts in accordance with a   sincerely held religious belief or moral conviction protected by   this chapter.   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 as it existed immediately before   that date, and that law is continued in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2017.