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CIVIL
PRACTICE AND REMEDIES CODE
TITLE
5. GOVERNMENTAL LIABILITY
CHAPTER
110. RELIGIOUS FREEDOM
§
110.001. Definitions
(a) In
this chapter:
(1) "Free
exercise of religion" means an act or refusal to act that
is substantially motivated by sincere religious belief.
In determining whether an act or refusal to act is substantially
motivated by sincere religious belief under this chapter,
it is not necessary to determine that the act or refusal
to act is motivated by a central part or central requirement
of the person's sincere religious belief.
(2) "Government
agency" means:
(A) this
state or a municipality or other political subdivision
of this state; and
(B) any
agency of this state or a municipality or other political
subdivision of this state, including a department, bureau,
board, commission, office, agency, council, or public
institution of higher education.
(b) In
determining whether an interest is a compelling governmental
interest under Section 110.003, a court shall give weight
to the interpretation of compelling interest in federal
case law relating to the free exercise of religion clause
of the First Amendment of the United States Constitution.
§
110.002. Application
(a) This
chapter applies to any ordinance, rule, order, decision,
practice, or other exercise of governmental authority. (b)
This chapter applies to an act of a government agency, in
the exercise of governmental authority, granting or refusing
to grant a government benefit to an individual. (c) This
chapter applies to each law of this state unless the law
is expressly made exempt from the application of this chapter
by reference to this chapter.
§
110.003. Religious Freedom Protected
(a) Subject
to Subsection (b), a government agency may not substantially
burden a person's free exercise of religion. (b) Subsection
(a) does not apply if the government agency demonstrates
that the application of the burden to the person:
(1) is
in furtherance of a compelling governmental interest; and
(2) is
the least restrictive means of furthering that interest.
(c) A
government agency that makes the demonstration required
by Subsection (b) is not required to separately prove that
the remedy and penalty provisions of the law, ordinance,
rule, order, decision, practice, or other exercise of governmental
authority that imposes the substantial burden are the least
restrictive means to ensure compliance or to punish the
failure to comply.
§
110.004. Defense
A
person whose free exercise of religion has been substantially
burdened in violation of Section 110.003 may assert that
violation as a defense in a judicial or administrative proceeding
without regard to whether the proceeding is brought in the
name of the state or by any other person.
§
110.005. Remedies
(a) Any
person, other than a government agency, who successfully
asserts a claim or defense under this chapter is entitled
to recover:
(1) declaratory
relief under Chapter 37;
(2) injunctive
relief to prevent the threatened violation or continued
violation;
(3) compensatory
damages for pecuniary and nonpecuniary losses; and
(4) reasonable
attorney's fees, court costs, and other reasonable
(b) Compensatory
damages awarded under Subsection (a)(3) may not exceed $
10,000 for each entire, distinct controversy, without regard
to the number of members or other persons within a religious
group who claim injury as a result of the government agency's
exercise of governmental authority. A claimant is not entitled
to recover exemplary damages under this chapter.
(c) An
action under this section must be brought in district court.
(d) A
person may not bring an action for damages or declaratory
or injunctive relief against an individual, other than an
action brought against an individual acting in the individual's
official capacity as an officer of a government agency.
(e) This
chapter does not affect the application of Section 498.0045
or 501.008, Government Code, or Chapter 14 of this code.
§
110.006. Notice; Right to Accommodate
(a) A
person may not bring an action to assert a claim under this
chapter unless, 60 days before bringing the action, the
person gives written notice to the government agency by
certified mail, return receipt requested:
(1) that
the person's free exercise of religion is substantially
burdened by an exercise of the government agency's governmental
authority;
(2) of
the particular act or refusal to act that is burdened;
and
(3) of
the manner in which the exercise of governmental authority
burdens the act or refusal to act.
(b) Notwithstanding
Subsection (a), a claimant may, within the 60-day period
established by Subsection (a), bring an action for declaratory
or injunctive relief and associated attorney's fees, court
costs, and other reasonable expenses, if:
(1) the
exercise of governmental authority that threatens to substantially
burden the person's free exercise of religion is imminent;
and
(2) the
person was not informed and did not otherwise have knowledge
of the exercise of the governmental authority in time
to reasonably provide the notice.
(c) A
government agency that receives a notice under Subsection
(a) may remedy the substantial burden on the person's free
exercise of religion.
(d) A
remedy implemented by a government agency under this section:
(1) may
be designed to reasonably remove the substantial burden
on the person's free exercise of religion;
(2) need
not be implemented in a manner that results in an exercise
of governmental authority that is the least restrictive
means of furthering the governmental interest, notwithstanding
any other provision of this chapter; and
(3) must
be narrowly tailored to remove the particular burden for
which the remedy is implemented.
(e) A
person with respect to whom a substantial burden on the
person's free exercise of religion has been cured by a remedy
implemented under this section may not bring an action under
Section 110.005.
(f) A
person who complies with an inmate grievance system as required
under Section 501.008, Government Code, is not required
to provide a separate written notice under Subsection (a).
In conjunction with the inmate grievance system, the government
agency may remedy a substantial burden on the person's free
exercise of religion in the manner described by, and subject
to, Subsections (c), (d), and (e).
(g) In
dealing with a claim that a person's free exercise of religion
has been substantially burdened in violation of this chapter,
an inmate grievance system, including an inmate grievance
system required under Section 501.008, Government Code,
must provide to the person making the claim a statement
of the government agency's rationale for imposing the burden,
if any exists, in connection with any adverse determination
made in connection with the claim.
§
110.007. One-Year Limitations Period
(a) A
person must bring an action to assert a claim for damages
under this chapter not later than one year after the date
the person knew or should have known of the substantial
burden on the person's free exercise of religion.
(b) Mailing
notice under Section 110.006 tolls the limitations period
established under this section until the 75th day after
the date on which the notice was mailed.
§
110.008. Sovereign Immunity Waived
(a) Subject
to Section 110.006, sovereign immunity to suit and from
liability is waived and abolished to the extent of liability
created by Section 110.005, and a claimant may sue a government
agency for damages allowed by that section.
(b) Notwithstanding
Subsection (a), this chapter does not waive or abolish sovereign
immunity to suit and from liability under the Eleventh Amendment
to the United States Constitution.
§
110.009. Effect on Rights
(a) This
chapter does not authorize a government agency to burden
a person's free exercise of religion.
(b) The
protection of religious freedom afforded by this chapter
is in addition to the protections provided under federal
law and the constitutions of this state and the United States.
This chapter may not be construed to affect or interpret
Section 4, 5, 6, or 7, Article I, Texas Constitution.
§
110.010. Application to Certain Cases
Notwithstanding
any other provision of this chapter, a municipality has
no less authority to adopt or apply laws and regulations
concerning zoning, land use planning, traffic management,
urban nuisance, or historic preservation than the authority
of the municipality that existed under the law as interpreted
by the federal courts before April 17, 1990. This chapter
does not affect the authority of a municipality to adopt
or apply laws and regulations as that authority has been
interpreted by any court in cases that do not involve the
free exercise of religion.
§
110.011. Civil Rights
(a) Except
as provided in Subsection (b), this chapter does not establish
or eliminate a defense to a civil action or criminal prosecution
under a federal or state civil rights law.
(b) This
chapter is fully applicable to claims regarding the employment,
education, or volunteering of those who perform duties,
such as spreading or teaching faith, performing devotional
services, or internal governance, for a religious organization.
For the purposes of this subsection, an organization is
a religious organization if:
(1)
the organization's primary purpose and function are religious,
it is a religious school organized primarily for religious
and educational purposes, or it is a religious charity
organized primarily for religious and charitable purposes;
and
(2) it
does not engage in activities that would disqualify it
from tax exempt status under Section 501(c)(3), Internal
Revenue Code of 1986, as it existed on August 30, 1999.
§
110.012. Grant to Religious Organization Not Affected
Notwithstanding
Section 110.002(b), this chapter does not affect the grant
or denial of an appropriation or other grant of money or
benefits to a religious organization, nor does it affect
the grant or denial of a tax exemption to a religious organization.
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