CHAPTER 110. RELIGIOUS FREEDOM - Texas Statutes

CIVIL PRACTICE AND REMEDIES CODE

TITLE 5. GOVERNMENTAL LIABILITY

CHAPTER 110. RELIGIOUS FREEDOM

Sec. 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.

Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30,

1999.

Sec. 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.

Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30,

1999.

Sec. 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.

Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30,

1999.

Sec. 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.

Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30,

1999.

Sec. 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 expenses incurred in bringing the action.

(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.

Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30,

1999.

Sec. 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.

Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30,

1999.

Sec. 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.

Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30,

1999.

Sec. 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.

Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30,

1999.

Sec. 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.

Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30,

1999.

Sec. 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.

Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30,

1999.

Sec. 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.

Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30,

1999.

Sec. 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.

Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30,

1999.