U.S. Pastor Council v. City Of Austin et al
Filing
1
COMPLAINT ( Filing fee $ 400 receipt number 0542-11314400), filed by U.S. Pastor Council. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Civil Cover Sheet)(Mitchell, Jonathan)
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 60day 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.
(b), this
action or
(b)
110.011. CIVIL RIGHTS. (a) Except as provided in Subsection
chapter does not establish or eliminate a defense to a civil
criminal prosecution under a federal or state civil rights law.
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.
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