HB2969 - Relating to discrimination against or burdening certain constitutional rights of an applicant for or holder of a license to practice law in this state.

  89R2373 JTZ-D     By: Cain, Vasut, Metcalf, et al. H.B. No. 2969       A BILL TO BE ENTITLED   AN ACT   relating to discrimination against or burdening certain   constitutional rights of an applicant for or holder of a license to   practice law in this state.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 81, Government Code, is   amended by adding Section 81.02401 to read as follows:           Sec.   81.02401.     CERTAIN PROHIBITED RULES, POLICIES, AND   PENALTIES; ADMINISTRATIVE OR INJUNCTIVE RELIEF.   (a) A rule or   policy adopted or a penalty imposed under this chapter may not:                 (1)     limit an applicant's ability to obtain a license to   practice law in this state, or a state bar member's ability to   maintain or renew the license, based on a sincerely held religious   belief of the applicant or state bar member; or                 (2)  burden an applicant's or state bar member's:                       (A)     free exercise of religion, regardless of   whether the burden is the result of a rule or policy generally   applicable to all applicants or state bar members;                       (B)     freedom of speech or expression that is   protected by the United States or Texas Constitution, including   speech regarding a sincerely held religious belief, a political   ideology, or a societal view, and of expressive conduct;                       (C)  membership in any religious organization;                       (D)  freedom of association; or                       (E)  freedom of assembly.           (b)     Subsection (a) does not apply to a state bar rule or   policy adopted or penalty imposed under this chapter that results   in a limitation or burden described by Subsection (a) if the rule,   policy, or penalty:                 (1)     is essential to enforcing a compelling   governmental purpose and narrowly tailored to accomplish that   purpose; or                 (2)     restricts wilful expressions of bias or prejudice   in connection with an adjudicatory proceeding.           (c)     A person may assert that a state bar rule or policy   adopted or penalty imposed under this chapter violates Subsection   (a) 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.           (d)     A person may bring an action for injunctive relief for a   violation of Subsection (a).          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.