religious organization redefined, and Texas keeps its immunity

The text as introduced · 490 words

89R5863 MZM-D

By: Schatzline
H.B. No. 1394

A BILL TO BE ENTITLED

AN ACT

relating to sovereign immunity and civil rights actions related to

certain laws protecting the free exercise of religion.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 84.0067(a)(1), Civil Practice and

Remedies Code, is amended to read as follows:

(1) "Religious organization" means an [ a charitable ]

organization that :

(A) if the organization's primary purpose and

function are religious, is:

(i) a religious school organized primarily

for religious and educational purposes; or

(ii) a religious charity organized

primarily for religious and charitable purposes; or

(B) 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 [ is

a religious organization under Section 110.011(b) ].

SECTION 2. Section 110.008, Civil Practice and Remedies

Code, is amended to read as follows:

Sec. 110.008. SOVEREIGN IMMUNITY WAIVED. (a) Subject to

Section 110.006 and except as provided by Subsection (b) , sovereign

immunity to suit and from liability is waived and abolished in state

and federal court 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 ,

which prohibits the citizens of another state or the citizens or

subjects of a foreign state from suing this state or any arm of this

state in federal court .

SECTION 3. Section 2400.001(5), Government Code, is amended

to read as follows:

(5) "Religious organization" means an organization

that :

(A) if the organization's primary purpose and

function are religious, is:

(i) a religious school organized primarily

for religious and educational purposes; or

(ii) a religious charity organized

primarily for religious and charitable purposes; or

(B) 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 [ is

a religious organization under Section 110.011(b), Civil Practice

and Remedies Code ].

SECTION 4. Section 2401.001(4), Government Code, is amended

to read as follows:

(4) "Religious organization" means an organization

open to the public that :

(A) if the organization's primary purpose and

function are religious, is:

(i) a religious school organized primarily

for religious and educational purposes; or

(ii) a religious charity organized

primarily for religious and charitable purposes; or

(B) 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 [ is

a religious organization under Section 110.011(b), Civil Practice

and Remedies Code ].

SECTION 5. Section 110.011, Civil Practice and Remedies

Code, is repealed.

SECTION 6. This Act takes effect September 1, 2025.