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A BILL TO BE ENTITLED
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AN ACT
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relating to protection of the rights of conscience for child |
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welfare services providers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 2, Human Resources Code, is |
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amended by adding Chapter 45 to read as follows: |
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CHAPTER 45. PROTECTION OF RIGHTS OF CONSCIENCE FOR |
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CHILD WELFARE SERVICES PROVIDERS |
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Sec. 45.001. DEFINITIONS. In this chapter: |
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(1) "Adverse action" means any action that directly or |
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indirectly adversely affects the person against whom the adverse |
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action is taken, places the person in a worse position than the |
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person was in before the adverse action was taken, or is likely to |
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deter a reasonable person from acting or refusing to act. An adverse |
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action includes: |
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(A) denying an application for, refusing to |
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renew, or canceling funding; |
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(B) declining to enter into, refusing to renew, |
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or canceling a contract; |
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(C) declining to issue, refusing to renew, or |
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canceling a license; |
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(D) terminating, suspending, demoting, or |
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reassigning a person; and |
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(E) limiting the ability of a person to engage in |
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child welfare services. |
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(2) "Child welfare services" means social services |
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provided to or on behalf of children, including: |
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(A) assisting abused or neglected children; |
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(B) counseling children or parents; |
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(C) promoting foster parenting; |
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(D) providing foster homes, residential care, |
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group homes, or temporary group shelters for children; |
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(E) recruiting foster parents; |
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(F) placing children in foster homes; |
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(G) licensing foster homes; |
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(H) promoting adoption or recruiting adoptive |
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parents; |
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(I) assisting adoptions or supporting adoptive |
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families; |
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(J) performing or assisting home studies; |
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(K) assisting kinship guardianships or kinship |
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caregivers; |
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(L) providing family preservation services; |
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(M) providing family support services; and |
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(N) providing temporary family reunification |
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services. |
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(3) "Child welfare services provider" means a person |
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that provides, seeks to provide, or applies for or receives a |
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contract, subcontract, grant, subgrant, or cooperative agreement |
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to provide child welfare services. The person is not required to be |
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engaged exclusively in child welfare services to be a child welfare |
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services provider. |
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(4) "Governmental entity" means: |
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(A) this state or a municipality or other |
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political subdivision of this state; or |
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(B) any agency of this state or of a municipality |
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or other political subdivision of this state, including a |
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department, bureau, board, commission, office, agency, council, |
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court, and public institution of higher education. |
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Sec. 45.002. APPLICABILITY. (a) This chapter applies to any |
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ordinance, rule, order, decision, practice, or other exercise of |
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governmental authority. |
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(b) This chapter applies to an act of a governmental entity, |
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in the exercise of governmental authority, granting or refusing to |
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grant a government benefit to a child welfare services provider. |
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Sec. 45.003. CHILD WELFARE SERVICES PROVIDERS PROTECTED. A |
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governmental entity or any person that contracts with this state or |
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operates under governmental authority to refer or place children |
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for child welfare services may not discriminate or take any adverse |
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action against a child welfare services provider on the basis, |
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wholly or partly, that the provider: |
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(1) has declined or will decline to provide, |
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facilitate, or refer a person for child welfare services that |
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conflict with, or under circumstances that conflict with, the |
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provider's sincerely held religious beliefs. |
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(2) provides or intends to provide children under the |
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control, care, guardianship, or direction of the child welfare |
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services provider with a religious education, including through |
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placing the children in a private or parochial school or otherwise |
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providing a religious education in accordance with the laws of this |
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state; or |
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(3) has declined or will decline to provide, |
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facilitate, or refer a person for abortions, contraceptives, or |
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drugs, devices, or services that are potentially |
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abortion-inducing. |
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Sec. 45.004. PRIVATE RIGHT OF ACTION. A child welfare |
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services provider may assert an actual or threatened violation of |
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this chapter as a claim or defense in a judicial or administrative |
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proceeding and obtain the relief specified in Section 45.005. |
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Sec. 45.005. REMEDIES. A child welfare services provider |
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who successfully asserts a claim or defense under this chapter is |
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entitled to recover: |
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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 or effects of the action on the child |
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welfare services provider; |
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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. 45.006. TWO-YEAR LIMITATIONS PERIOD. A child welfare |
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services provider must bring an action to assert a claim for damages |
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under this chapter not later than the second anniversary of the date |
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the provider actually knew of the violation of this chapter. |
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Sec. 45.007. IMMUNITY WAIVED. (a) Sovereign, governmental, |
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and qualified immunity to suit and from liability are waived and |
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abolished to the extent of liability created by Section 45.005, and |
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a claimant may sue a governmental entity or official for damages |
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allowed by that section. |
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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. 45.008. EFFECT ON RIGHTS. (a) This chapter may not be |
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construed to authorize a governmental entity to burden a person's |
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free exercise of religion. |
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(b) The protections of religious freedom afforded by this |
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chapter are in addition to the protections provided under federal |
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or state law and the constitutions of this state and the United |
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States. |
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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. 45.009. 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 2. 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. |