HB1394 - Relating to sovereign immunity and civil rights actions related to certain laws protecting the free exercise of religion.

  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.