Toth Bill Bars Licensing Agencies From Penalizing Religious Belief

The text as introduced · 437 words

By: Toth
H.B. No. 5541

A BILL TO BE ENTITLED

AN ACT

relating to discrimination by a state agency against 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. DISCRIMINATION BY STATE AGENCY AGAINST APPLICANT OR

LICENSE HOLDER

Sec. 57.151. CERTAIN RULES OR POLICIES PROHIBITED. (a) A

state agency that issues a license or otherwise regulates a

business, occupation, or profession may not adopt any rule,

regulation, or policy or impose a penalty that:

(1) limits an applicant's ability to obtain, maintain,

or renew a license based on a sincerely held religious belief of the

applicant; or

(2) burdens an applicant's or a license holder's:

(A) free exercise of religion, regardless of

whether the burden is the result of a rule generally applicable to

all applicants or license holders;

(B) freedom of speech regarding a sincerely held

religious belief; or

(C) membership in any religious organization.

(b) Subsection (a) does not apply to the licensing or

regulation of peace officers by the Texas Commission on Law

Enforcement under Chapter 1701.

(c) Subsection (a) does not prohibit a state agency from

taking any action to ensure that the standard of care or practice

for the applicable business, occupation, or profession is

satisfied.

(d) This section may not be construed to:

(1) authorize a license holder to refuse to provide a

medical service within the scope of the person's license that is

necessary to prevent death or imminent serious bodily injury; or

(2) limit any right, privilege, or protection granted

to any person under the constitution and laws of this state and the

United States.

Sec. 57.152. ADMINISTRATIVE OR JUDICIAL RELIEF. (a) A

person may assert that a state agency rule, regulation, or policy,

or a penalty imposed by the agency, violates Section 57.151 as a

defense in an administrative hearing or as a claim or defense in a

judicial proceeding under Chapter 37, Civil Practice and Remedies

Code, except that the person may not assert the violation as a

defense to:

(1) an allegation of sexual misconduct; or

(2) prosecution of an offense.

(b) A person may bring an action for injunctive relief

against a violation of Section 57.151.

SECTION 2. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.