AN ACT
 1-1     relating to government restrictions on the exercise of religion.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Title 5, Civil Practice and Remedies Code, is
 1-4     amended by adding Chapter 110 to read as follows:
 1-5                       CHAPTER 110.  RELIGIOUS FREEDOM
 1-6           Sec. 110.001.  DEFINITIONS.  (a)  In this chapter:
 1-7                 (1)  "Free exercise of religion" means an act or
 1-8     refusal to act that is substantially motivated by sincere religious
 1-9     belief.  In determining whether an act or refusal to act is
1-10     substantially motivated by sincere religious belief under this
1-11     chapter, it is not necessary to determine that the act or refusal
1-12     to act is motivated by a central part or central requirement of the
1-13     person's sincere religious belief.
1-14                 (2)  "Government agency" means:
1-15                       (A)  this state or a municipality or other
1-16     political subdivision of this state; and
1-17                       (B)  any agency of this state or a municipality
1-18     or other political subdivision of this state, including a
1-19     department, bureau, board, commission, office, agency, council, or
1-20     public institution of higher education.
1-21           (b)  In determining whether an interest is a compelling
1-22     governmental interest under Section 110.003, a court shall give
1-23     weight to the interpretation of compelling interest in federal case
1-24     law relating to the free exercise of religion clause of the First
 2-1     Amendment of the United States Constitution.
 2-2           Sec. 110.002.  APPLICATION.  (a)  This chapter applies to any
 2-3     ordinance, rule, order, decision, practice, or other exercise of
 2-4     governmental authority.
 2-5           (b)  This chapter applies to an act of a government agency,
 2-6     in the exercise of governmental authority, granting or refusing to
 2-7     grant a government benefit to an individual.
 2-8           (c)  This chapter applies to each law of this state unless
 2-9     the law is expressly made exempt from the application of this
2-10     chapter by reference to this chapter.
2-11           Sec. 110.003.  RELIGIOUS FREEDOM PROTECTED.  (a)  Subject to
2-12     Subsection (b), a government agency may not substantially burden a
2-13     person's free exercise of religion.
2-14           (b)  Subsection (a) does not apply if the government agency
2-15     demonstrates that the application of the burden to the person:
2-16                 (1)  is in furtherance of a compelling governmental
2-17     interest; and
2-18                 (2)  is the least restrictive means of furthering that
2-19     interest.
2-20           (c)  A government agency that makes the demonstration
2-21     required by Subsection (b) is not required to separately prove that
2-22     the remedy and penalty provisions of the law, ordinance, rule,
2-23     order, decision, practice, or other exercise of governmental
2-24     authority that imposes the substantial burden are the least
2-25     restrictive means to ensure compliance or to punish the failure to
2-26     comply.
 3-1           Sec. 110.004.  DEFENSE.  A person whose free exercise of
 3-2     religion has been substantially burdened in violation of Section
 3-3     110.003 may assert that violation as a defense in a judicial or
 3-4     administrative proceeding without regard to whether the proceeding
 3-5     is brought in the name of the state or by any other person.
 3-6           Sec. 110.005.  REMEDIES.  (a)  Any person, other than a
 3-7     government agency, who successfully asserts a claim or defense
 3-8     under this chapter is entitled to recover:
 3-9                 (1)  declaratory relief under Chapter 37;
3-10                 (2)  injunctive relief to prevent the threatened
3-11     violation or continued violation;
3-12                 (3)  compensatory damages for pecuniary and
3-13     nonpecuniary losses; and
3-14                 (4)  reasonable attorney's fees, court costs, and other
3-15     reasonable expenses incurred in bringing the action.
3-16           (b)  Compensatory damages awarded under Subsection (a)(3) may
3-17     not exceed $10,000 for each entire, distinct controversy, without
3-18     regard to the number of members or other persons within a religious
3-19     group who claim injury as a result of the government agency's
3-20     exercise of governmental authority.  A claimant is not entitled to
3-21     recover exemplary damages under this chapter.
3-22           (c)  An action under this section must be brought in district
3-23     court.
3-24           (d)  A person may not bring an action for damages or
3-25     declaratory or injunctive relief against an individual, other than
3-26     an action brought against an individual acting in the individual's
 4-1     official capacity as an officer of a government agency.
 4-2           (e)  This chapter does not affect the application of Section
 4-3     498.0045 or 501.008, Government Code, or Chapter 14 of this code.
 4-4           Sec. 110.006.  NOTICE; RIGHT TO ACCOMMODATE.  (a)  A person
 4-5     may not bring an action to assert a claim under this chapter
 4-6     unless, 60 days before bringing the action, the person gives
 4-7     written notice to the government agency by certified mail, return
 4-8     receipt requested:
 4-9                 (1)  that the person's free exercise of religion is
4-10     substantially burdened by an exercise of the government agency's
4-11     governmental authority;
4-12                 (2)  of the particular act or refusal to act that is
4-13     burdened; and
4-14                 (3)  of the manner in which the exercise of
4-15     governmental authority burdens the act or refusal to act.
4-16           (b)  Notwithstanding Subsection (a), a claimant may, within
4-17     the 60-day period established by Subsection (a), bring an action
4-18     for declaratory or injunctive relief and associated attorney's
4-19     fees, court costs, and other reasonable expenses, if:
4-20                 (1)  the exercise of governmental authority that
4-21     threatens to substantially burden the person's free exercise of
4-22     religion is imminent; and
4-23                 (2)  the person was not informed and did not otherwise
4-24     have knowledge of the exercise of the governmental authority in
4-25     time to reasonably provide the notice.
4-26           (c)  A government agency that receives a notice under
 5-1     Subsection (a) may remedy the substantial burden on the person's
 5-2     free exercise of religion.
 5-3           (d)  A remedy implemented by a government agency under this
 5-4     section:
 5-5                 (1)  may be designed to reasonably remove the
 5-6     substantial burden on the person's free exercise of religion;
 5-7                 (2)  need not be implemented in a manner that results
 5-8     in an exercise of governmental authority that is the least
 5-9     restrictive means of furthering the governmental interest,
5-10     notwithstanding any other provision of this chapter; and
5-11                 (3)  must be narrowly tailored to remove the particular
5-12     burden for which the remedy is implemented.
5-13           (e)  A person with respect to whom a substantial burden on
5-14     the person's free exercise of religion has been cured by a remedy
5-15     implemented under this section may not bring an action under
5-16     Section 110.005.
5-17           (f)  A person who complies with an inmate grievance system as
5-18     required under Section 501.008, Government Code, is not required to
5-19     provide a separate written notice under Subsection (a).  In
5-20     conjunction with the inmate grievance system, the government agency
5-21     may remedy a substantial burden on the person's free exercise of
5-22     religion in the manner described by, and subject to, Subsections
5-23     (c), (d), and (e).
5-24           (g)  In dealing with a claim that a person's free exercise of
5-25     religion has been substantially burdened in violation of this
5-26     chapter, an inmate grievance system, including an inmate grievance
 6-1     system required under Section 501.008, Government Code, must
 6-2     provide to the person making the claim a statement of the
 6-3     government agency's rationale for imposing the burden, if any
 6-4     exists, in connection with any adverse determination made in
 6-5     connection with the claim.
 6-6           Sec. 110.007.  ONE-YEAR LIMITATIONS PERIOD.  (a)  A person
 6-7     must bring an action to assert a claim for damages under this
 6-8     chapter not later than one year after the date the person knew or
 6-9     should have known of the substantial burden on the person's free
6-10     exercise of religion.
6-11           (b)  Mailing notice under Section 110.006 tolls the
6-12     limitations period established under this section until the 75th
6-13     day after the date on which the notice was mailed.
6-14           Sec. 110.008.  SOVEREIGN IMMUNITY WAIVED.  (a)  Subject to
6-15     Section 110.006, sovereign immunity to suit and from liability is
6-16     waived and abolished to the extent of liability created by Section
6-17     110.005, and a claimant may sue a government agency for damages
6-18     allowed by that section.
6-19           (b)  Notwithstanding Subsection (a), this chapter does not
6-20     waive or abolish sovereign immunity to suit and from liability
6-21     under the Eleventh Amendment to the United States Constitution.
6-22           Sec. 110.009.  EFFECT ON RIGHTS.  (a)  This chapter does not
6-23     authorize a government agency to burden a person's free exercise of
6-24     religion.
6-25           (b)  The protection of religious freedom afforded by this
6-26     chapter is in addition to the protections provided under federal
 7-1     law and the constitutions of this state and the United States.
 7-2     This chapter may not be construed to affect or interpret Section 4,
 7-3     5, 6, or 7, Article I, Texas Constitution.
 7-4           Sec. 110.010.  APPLICATION TO CERTAIN CASES.  Notwithstanding
 7-5     any other provision of this chapter, a municipality has no less
 7-6     authority to adopt or apply laws and regulations concerning zoning,
 7-7     land use planning, traffic management, urban nuisance, or historic
 7-8     preservation than the authority of the municipality that existed
 7-9     under the law as interpreted by the federal courts before April 17,
7-10     1990.  This chapter does not affect the authority of a municipality
7-11     to adopt or apply laws and regulations as that authority has been
7-12     interpreted by any court in cases that do not involve the free
7-13     exercise of religion.
7-14           Sec. 110.011.  CIVIL RIGHTS.  (a)  Except as provided in
7-15     Subsection (b), this chapter does not establish or eliminate a
7-16     defense to a civil action or criminal prosecution under a federal
7-17     or state civil rights law.
7-18           (b)  This chapter is fully applicable to claims regarding the
7-19     employment, education, or volunteering of those who perform duties,
7-20     such as spreading or teaching faith, performing devotional
7-21     services, or internal governance, for a religious organization.
7-22     For the purposes of this subsection, an organization is a religious
7-23     organization if:
7-24                 (1)  the organization's primary purpose and function
7-25     are religious, it is a religious school organized primarily for
7-26     religious and educational purposes, or it is a religious charity
 8-1     organized primarily for religious and charitable purposes; and
 8-2                 (2)  it does not engage in activities that would
 8-3     disqualify it from tax exempt status under Section 501(c)(3),
 8-4     Internal Revenue Code of 1986, as it existed on August 30, 1999.
 8-5           Sec. 110.012.  GRANT TO RELIGIOUS ORGANIZATION NOT AFFECTED.
 8-6     Notwithstanding Section 110.002(b), this chapter does not affect
 8-7     the grant or denial of an appropriation or other grant of money or
 8-8     benefits to a religious organization, nor does it affect the grant
 8-9     or denial of a tax exemption to a religious organization.
8-10           SECTION 2.  Subchapter G, Chapter 61, Human Resources Code,
8-11     is amended by adding Section 61.097 to read as follows:
8-12           Sec. 61.097.  APPLICATION OF LAW RELATING TO FREE EXERCISE OF
8-13     RELIGION.  For purposes of Chapter 110, Civil Practice and Remedies
8-14     Code, an ordinance, rule, order, decision, or practice that applies
8-15     to a person in the custody of a juvenile detention facility or
8-16     other correctional facility operated by or under a contract with
8-17     the commission, a county, or a juvenile probation department is
8-18     presumed to be in furtherance of a compelling governmental interest
8-19     and the least restrictive means of furthering that interest.  The
8-20     presumption may be rebutted.
8-21           SECTION 3.  Chapter 76, Government Code, is amended by adding
8-22     Section 76.018 to read as follows:
8-23           Sec. 76.018.  APPLICATION OF LAW RELATING TO FREE EXERCISE OF
8-24     RELIGION.  For purposes of Chapter 110, Civil Practice and Remedies
8-25     Code, an ordinance, rule, order, decision, or practice that applies
8-26     to a person in the custody of a correctional facility operated by
 9-1     or under a contract with a community supervision and corrections
 9-2     department is presumed to be in furtherance of a compelling
 9-3     governmental interest and the least restrictive means of furthering
 9-4     that interest.  The presumption may be rebutted.
 9-5           SECTION 4.  Chapter 493, Government Code, is amended by
 9-6     adding Section 493.023 to read as follows:
 9-7           Sec. 493.023.  APPLICATION OF LAW RELATING TO FREE EXERCISE
 9-8     OF RELIGION.  For purposes of Chapter 110, Civil Practice and
 9-9     Remedies Code, an ordinance, rule, order, decision, or practice
9-10     that applies to a person in the custody of a jail or other
9-11     correctional facility operated by or under a contract with the
9-12     department is presumed to be in furtherance of a compelling
9-13     governmental interest and the least restrictive means of furthering
9-14     that interest.  The presumption may be rebutted.
9-15           SECTION 5.  Chapter 361, Local Government Code, is amended by
9-16     adding Subchapter G to read as follows:
9-17                      SUBCHAPTER G.  RELIGIOUS FREEDOM
9-18           Sec. 361.101.  APPLICATION OF LAW RELATING TO FREE EXERCISE
9-19     OF RELIGION.  For purposes of Chapter 110, Civil Practice and
9-20     Remedies Code, an ordinance, rule, order, decision, or practice
9-21     that applies to a person in the custody of a municipal or county
9-22     jail or other correctional facility operated by or under a contract
9-23     with a county or municipality is presumed to be in furtherance of a
9-24     compelling governmental interest and the least restrictive means of
9-25     furthering that interest.  The presumption may be rebutted.
9-26           SECTION 6.  This Act applies only to a cause of action that
 10-1    accrues on or after the effective date of this Act.  A cause of
 10-2    action that accrues before the effective date of this Act is
 10-3    governed by the law as it existed immediately before the effective
 10-4    date of this Act, and that law is continued in effect for this
 10-5    purpose.
 10-6          SECTION 7.  The importance of this legislation and the
 10-7    crowded condition of the calendars in both houses create an
 10-8    emergency and an imperative public necessity that the
 10-9    constitutional rule requiring bills to be read on three several
10-10    days in each house be suspended, and this rule is hereby suspended.
                                                                S.B. No. 138
         ________________________________   ________________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 138 passed the Senate on
         March 15, 1999, by the following vote:  Yeas 30, Nays 0;
         May 21, 1999, Senate refused to concur in House amendments and
         requested appointment of Conference Committee; May 24, 1999, House
         granted request of the Senate; May 30, 1999, Senate adopted
         Conference Committee Report by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 138 passed the House, with
         amendments, on May 19, 1999, by a non-record vote; May 24, 1999,
         House granted request of the Senate for appointment of Conference
         Committee; May 30, 1999, House adopted Conference Committee Report
         by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         ________________________________
                      Date
         ________________________________
                    Governor