Oliverson License Bill Bars Complaints About Off-Duty Conduct

The text as introduced · 519 words

89R9789 JTZ-D

By: Oliverson
H.B. No. 4547

A BILL TO BE ENTITLED

AN ACT

relating to certain actions by a state agency that burden certain

constitutional rights of an applicant for or holder of an

occupational license.

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

SECTION 1. Chapter 57, Occupations Code, is amended by

adding Subchapter D to read as follows:

SUBCHAPTER D. STATE AGENCY ACTIONS BURDENING CERTAIN

CONSTITUTIONAL RIGHTS

Sec. 57.151. PROHIBITION ON CERTAIN STATE AGENCY ACTIONS.

(a) Notwithstanding any other law, a state agency may not adopt a

rule or take any regulatory or enforcement action that burdens an

applicant's or license holder's:

(1) free exercise of religion as protected by the

United States Constitution or Texas Constitution; or

(2) freedom of speech as protected by the United

States Constitution or Texas Constitution.

(b) Notwithstanding any other law, an act by a license

holder in the exercise of a right described by Subsection (a) does

not constitute unprofessional conduct by the license holder for

purposes of the law regulating the license holder's business,

occupation, or profession.

(c) On a determination by a state agency that a complaint

against a license holder is based on conduct by the license holder

in the exercise of a right described by Subsection (a), the state

agency shall promptly close any investigation relating to the

complaint and dismiss the complaint.

Sec. 57.152. COMPLAINTS BASED ON EXERCISE OF CONSTITUTIONAL

RIGHTS PROHIBITED. (a) A person may not file a complaint, or aid in

the filing of a complaint, with a state agency regarding speech or

conduct by a license holder that:

(1) is not made or done in the license holder's

professional capacity; or

(2) involves the license holder's exercise of a right

described by Section 57.151(a).

(b) If a person who files or aids in the filing of a

complaint in violation of Subsection (a) is a license holder, the

state agency regulating the license holder may take disciplinary

action against the license holder.

Sec. 57.153. PRIVATE CAUSE OF ACTION. (a) Not later than

the first anniversary of the date an applicant's or license holder's

rights were burdened by a state agency in violation of Section

57.151, the applicant or license holder may bring an action against

the state agency or a member of the governing body of the state

agency in the member's official capacity.

(b) A prevailing claimant in an action brought under this

section is entitled to recover:

(1) declaratory relief;

(2) injunctive relief;

(3) three times the amount of compensatory damages;

and

(4) court costs and reasonable attorney's fees

incurred in bringing the action.

(c) A state agency's sovereign immunity to suit and from

liability is waived to the extent of liability created by this

section. A member of the governing body of a state agency may not

assert official immunity in an action brought under this section.

SECTION 2. Section 57.153, Occupations Code, as added by

this Act, applies only to a cause of action that accrues on or after

the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.