SB2574 - Relating to preserving religious liberty from nativist jurisprudence.

      By: Middleton S.B. No. 2574               A BILL TO BE ENTITLED   AN ACT   relating to preserving religious liberty from nativist   jurisprudence.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as the Protection of   Religious Liberty from Nativist Jurisprudence Act.          SECTION 2.  Title 5, Civil Practice and Remedies Code, is   amended by adding Chapter 110A to read as follows:   CHAPTER 110A. PROTECTION OF RELIGIOUS LIBERTY   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 110A.001.  DEFINITIONS. In this chapter:                 (1)  "Blaine amendments" means:                       (A)  Section 7, Article I, Texas Constitution; and                       (B)     the third sentence of Section 5(c), Article   VII, Texas Constitution.                 (2)     "Governmental officer or employee" means an   officer or employee of this state or a political subdivision. The   term includes a member of the board of trustees of a school district   and a teacher, principal, administrator, or other individual   employed by a school district.   SUBCHAPTER B. PROTECTION OF RELIGIOUS LIBERTY           Sec.   110A.051.     ENFORCEMENT OF BLAINE AMENDMENTS. A   governmental officer or employee may not enforce the Blaine   amendments unless the United States Supreme Court overrules   Espinoza v. Montana Department of Revenue   Espinoza v. Montana Department of Revenue   Carson v. Makin           Sec.   110A.052.     ENFORCEMENT OF ESTABLISHMENT CLAUSE. Except   as provided by Section 110A.053, a governmental officer or employee   may not enforce the Establishment Clause of the First Amendment of   the United States Constitution against any person other than the   federal government, its officers, or its instrumentalities.           Sec.   110A.053.     EXCEPTIONS. Notwithstanding Section   110A.052, a governmental officer or employee may enforce the   Establishment Clause of the First Amendment of the United States   Constitution if necessary to comply with:                 (1)     a judgment or decree entered by a court against   that specific officer or employee, the officer's or employee's   superiors, or the entity that employs the officer or employee; or                 (2)     a directly-on-point ruling from the United States   Supreme Court or the United States Court of Appeals for the Fifth   Circuit if there are no reasonable grounds for distinguishing that   ruling factually or legally from the basis for the officer's or   employee's enforcement action.           Sec.   110A.054.     REMEDIES. (a) Any person injured or   adversely affected by a violation of this chapter has standing to   bring and may bring a civil action in any court of this state   against any governmental officer or employee who violates this   chapter.           (b)     On a finding that the defendant has violated or is   violating this chapter, the court in an action brought under this   section shall award:                 (1)  declaratory relief;                 (2)  injunctive relief;                 (3)  nominal or compensatory damages; and                 (4)  court costs and reasonable attorney's fees.           (c)     Notwithstanding any other law, a person may bring an   action under this section not later than the sixth anniversary of   the date the cause of action accrues.           (d)     Notwithstanding any other law, a defendant in an action   brought under this section may not assert and is not entitled to   sovereign immunity, governmental immunity, official immunity, or   qualified immunity.           Sec.   110A.055.     ATTORNEY'S FEES FOR ESTABLISHMENT CLAUSE   ENFORCEMENT ACTIONS. (a) Notwithstanding any other law, any   person, including an entity, attorney, or law firm, that brings an   action to enforce the Blaine amendments or the Establishment Clause   of the First Amendment to the United States Constitution against   any person in this state in any state or federal court or that   represents a litigant seeking such relief in any state or federal   court is jointly and severally liable for the court costs and   reasonable attorney's fees of the party against whom such relief is   sought if that party prevails, including the court costs and   reasonable attorney's fees the prevailing party incurs to recover   court costs and reasonable attorney's fees.           (b)     A party is considered to prevail under Subsection (a)   if:                 (1)     a state or federal court dismisses any claim or   cause of action described by Subsection (a) against the party,   regardless of the reason for the dismissal;                 (2)     a state or federal court enters judgment in the   party's favor on a claim or cause of action described by Subsection   (a); or                 (3)     another party that seeks declaratory or injunctive   relief described by Subsection (a) voluntarily dismisses or   nonsuits its claims against the prevailing party under any law,   including the Federal Rules of Civil Procedure and the Texas Rules   of Civil Procedure.           (c)     A prevailing party under this section may recover court   costs and reasonable attorney's fees under this section only to the   extent those court costs and reasonable attorney's fees were   incurred while defending claims or causes of action on which the   party prevailed.           Sec.   110A.056.     IMMUNITIES PRESERVED. (a) Subject to   Subsection (b) but notwithstanding any other law, the state has   sovereign immunity, a political subdivision has governmental   immunity, and an officer, employee, or agent of this state or a   political subdivision has official immunity, as well as sovereign   or governmental immunity, as appropriate, in any action, claim,   counterclaim, or any type of legal or equitable action that:                 (1)     challenges the validity of a provision or   application of this chapter, on constitutional grounds or   otherwise; or                 (2)     seeks to prevent or enjoin the state, a political   subdivision, or an officer, employee, or agent of this state or a   political subdivision from:                       (A)     enforcing a provision or application of this   chapter; or                       (B)     hearing, adjudicating, or docketing an   action brought under Section 110A.054 or 110A.055.           (b)     Subsection   (a) does not apply to the extent that   immunity has been abrogated or preempted by federal law in a manner   consistent with the United States Constitution.           (c)     The sovereign immunity conferred by this section on the   state and each of its officers, employees, and agents includes the   constitutional sovereign immunity recognized by the United States   Supreme Court in   Seminole Tribe of Florida v. Florida , 517 U.S. 44   (1996) and   Alden v. Maine , 527 U.S. 706 (1999), which applies in   both state and federal court and may not be abrogated by Congress or   by any state or federal court except under legislation authorized   by:                 (1)     Section 5 of the Fourteenth Amendment, United   States Constitution;                 (2)     the Bankruptcy Clause of Article I, United States   Constitution;                 (3)     Congress's powers to raise and support armies and   to provide and maintain a navy; or                 (4)     any other ground that may be recognized by the   United States Supreme Court.           (d)     Notwithstanding any other law, the immunities conferred   by this section shall apply in every court, both state and federal,   and in every adjudicative proceeding of any type.           (e)     Notwithstanding any other law, a provision of state law   may not be construed to waive or abrogate an immunity described by   this section unless it expressly waives or abrogates immunity with   specific reference to this section.           (f)     Notwithstanding any other law, an attorney representing   the state, a political subdivision, or an officer, employee, or   agent of this state or a political subdivision may not waive an   immunity described by this section or take any action that would   result in a waiver of that immunity. A purported waiver or action   described by this subsection is regarded as a legal nullity and an   ultra vires act.           Sec.   110A.057.     LIMITS ON STATE COURT JURISDICTION. (a)   Notwithstanding any other law, including Chapter 37 of this code   and Sections 22.002, 22.221, 24.007, 24.008, 24.009, 24.010, and   24.011, Government Code, with respect to an action brought under   Section 110A.054 or 110A.055, a court of this state may not award   declaratory or injunctive relief, or any type of writ, that would:                 (1)     pronounce any provision or application of this   chapter invalid or unconstitutional; or                 (2)     restrain the state, a political subdivision, an   officer, employee, or agent of this state or a political   subdivision, or any person from:                       (A)     enforcing a provision or application of this   chapter; or                       (B)     hearing, adjudicating, docketing, or filing   an action brought under Section 110A.054 or 110A.055.           (b)     A court of this state does not have jurisdiction to   consider any action, claim, or counterclaim that seeks relief   described by Subsection (a).           (c)     This chapter may not be construed to prevent a litigant   from asserting the invalidity or unconstitutionality of any   provision or application of this chapter as a defense to any action,   claim, or counterclaim brought against the litigant with respect to   an action brought under Section 110A.054 or 110A.055.           (d)     Notwithstanding any other law, any judicial relief   issued by a court of this state that disregards immunity conferred   by Section 110A.056(a) or the limitations on jurisdiction and   relief imposed by this section:                 (1)     is regarded as a legal nullity because the issuing   court is without jurisdiction; and                 (2)     may not be enforced or obeyed by any officer,   employee, or agent of this state or a political subdivision,   judicial or otherwise.           (e)     Notwithstanding any other law, any writ, injunction, or   declaratory judgment issued by a court of this state that purports   to restrain the state, a political subdivision, an officer,   employee, or agent of this state or a political subdivision, or any   person from hearing, adjudicating, docketing, or filing an action   brought under Section 110A.054 or 110A.055 is reg [Text truncated for display. 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