85R4392 KKR-F     By: Hall S.B. No. 2096       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of the conduct of certain counseling   professions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 501, Occupations Code, is   amended by adding Section 501.0031 to read as follows:          Sec. 501.0031.  REFUSAL BASED ON RELIGIOUS BELIEF. (a) In   this section, "psychological services" has the meaning assigned by   Section 501.003.          (b)  A person who holds a license under this chapter may   refuse to provide a psychological service to a person if providing   the service would cause the license holder to violate a sincerely   held religious belief.          (c)  A license holder who refuses to provide a psychological   service to a person under Subsection (b) shall coordinate a   referral of the person to a psychologist, marriage and family   therapist, licensed professional counselor, chemical dependency   counselor, or social worker, as appropriate, who agrees to provide   the counseling or therapy service.          (d)  The board may not take disciplinary action against or   impose an administrative penalty on a license holder based on the   license holder's refusal to provide a psychological service under   Subsection (b).          (e)  A person may not bring a cause of action against a   license holder based on the license holder's refusal to provide a   psychological service under Subsection (b).          (f)  This state or a political subdivision of this state may   not penalize or withhold benefits, including tax exemptions,   governmental contracts, or grants, from a license holder based on   the license holder's refusal to provide a psychological service   under Subsection (b).          (g)  A license holder's refusal to provide a psychological   service under Subsection (b) is not conduct that constitutes an   element of a criminal offense.          SECTION 2.  Subchapter A, Chapter 502, Occupations Code, is   amended by adding Section 502.005 to read as follows:          Sec. 502.005.  REFUSAL BASED ON RELIGIOUS BELIEF. (a) A   person who holds a license under this chapter may refuse to provide   marriage and family therapy to a person if providing the therapy   would cause the license holder to violate a sincerely held   religious belief.          (b)  A license holder who refuses to provide marriage and   family therapy to a person under Subsection (a) shall coordinate a   referral of the person to a psychologist, marriage and family   therapist, licensed professional counselor, chemical dependency   counselor, or social worker, as appropriate, who agrees to provide   the counseling or therapy service.          (c)  The board may not take disciplinary action against or   impose an administrative penalty on a license holder based on the   license holder's refusal to provide marriage and family therapy   under Subsection (a).          (d)  A person may not bring a cause of action against a   license holder based on the license holder's refusal to provide   marriage and family therapy under Subsection (a).          (e)  This state or a political subdivision of this state may   not penalize or withhold benefits, including tax exemptions,   governmental contracts, or grants, from a license holder based on   the license holder's refusal to provide marriage and family therapy   under Subsection (a).          (f)  A license holder's refusal to provide marriage and   family therapy under Subsection (a) is not conduct that constitutes   an element of a criminal offense.          SECTION 3.  Subchapter A, Chapter 503, Occupations Code, is   amended by adding Section 503.0031 to read as follows:          Sec. 503.0031.  REFUSAL BASED ON RELIGIOUS BELIEF. (a) A   licensed professional counselor may refuse to provide a service   within the practice of professional counseling to a person if   providing the service would cause the counselor to violate a   sincerely held religious belief.          (b)  A licensed professional counselor who refuses to   provide a service to a person under Subsection (a) shall coordinate   a referral of the person to a psychologist, marriage and family   therapist, licensed professional counselor, chemical dependency   counselor, or social worker, as appropriate, who agrees to provide   the counseling or therapy service.          (c)  The board may not take disciplinary action against or   impose an administrative penalty on a licensed professional   counselor based on the counselor's refusal to provide a service   under Subsection (a).          (d)  A person may not bring a cause of action against a   licensed professional counselor based on the counselor's refusal to   provide a service under Subsection (a).          (e)  This state or a political subdivision of this state may   not penalize or withhold benefits, including tax exemptions,   governmental contracts, or grants, from a licensed professional   counselor based on the counselor's refusal to provide a service   under Subsection (a).          (f)  A licensed professional counselor's refusal to provide   a service under Subsection (a) is not conduct that constitutes an   element of a criminal offense.          SECTION 4.  Subchapter A, Chapter 504, Occupations Code, is   amended by adding Section 504.003 to read as follows:          Sec. 504.003.  REFUSAL BASED ON RELIGIOUS BELIEF. (a) A   person who holds a license, registration, or certification under   this chapter may refuse to provide chemical dependency counseling   to a person if providing the counseling would cause the holder to   violate a sincerely held religious belief.          (b)  A license, registration, or certificate holder who   refuses to provide chemical dependency counseling to a person under   Subsection (a) shall coordinate a referral of the person to a   psychologist, marriage and family therapist, licensed professional   counselor, chemical dependency counselor, or social worker, as   appropriate, who agrees to provide the counseling or therapy   service.          (c)  The department may not take disciplinary action against   or impose an administrative penalty on a person who holds a license,   registration, or certification based on the holder's refusal to   provide chemical dependency counseling under Subsection (a).          (d)  A person may not bring a cause of action against a person   who holds a license, registration, or certification based on the   holder's refusal to provide chemical dependency counseling under   Subsection (a).          (e)  This state or a political subdivision of this state may   not penalize or withhold benefits, including tax exemptions,   governmental contracts, or grants, from a license, registration, or   certificate holder based on the holder's refusal to provide   chemical dependency counseling under Subsection (a).          (f)  A license, registration, or certificate holder's   refusal to provide chemical dependency counseling under Subsection   (a) is not conduct that constitutes an element of a criminal   offense.          SECTION 5.  Subchapter A, Chapter 505, Occupations Code, is   amended by adding Section 505.0026 to read as follows:          Sec. 505.0026.  REFUSAL BASED ON RELIGIOUS BELIEF. (a) A   social worker may refuse to provide a service within the practice of   social work to a person if providing the service would cause the   social worker to violate a sincerely held religious belief.          (b)  A social worker who refuses to provide a service to a   person under Subsection (a) shall coordinate a referral of the   person to a psychologist, marriage and family therapist, licensed   professional counselor, chemical dependency counselor, or social   worker, as appropriate, who agrees to provide the counseling or   therapy service.          (c)  The board may not take disciplinary action against or   impose an administrative penalty on a social worker based on the   social worker's refusal to provide a service under Subsection (a).          (d)  A person may not bring a cause of action against a social   worker based on the social worker's refusal to provide a service   under Subsection (a).          (e)  This state or a political subdivision of this state may   not penalize or withhold benefits, including tax exemptions,   governmental contracts, or grants, from a social worker based on   the social worker's refusal to provide a service under Subsection   (a).          (f)  A social worker's refusal to provide a service under   Subsection (a) is not conduct that constitutes an element of a   criminal offense.           SECTION 6.  The change in law made by this Act applies only   to conduct that occurs on or after the effective date of this Act.   Conduct that occurs before the effective date of this Act is   governed by the law in effect on the date the conduct occurred, and   the former law is continued in effect for that purpose.          SECTION 7.  This Act takes effect September 1, 2017.