CHAPTER 110. RELIGIOUS FREEDOM
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.