HB 1394

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]
(A)  if the organization's primary purpose and
(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
(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
SECTION 3.  Section 2400.001(5), Government Code, is amended
(5)  "Religious organization" means an organization
(A)  if the organization's primary purpose and
(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
SECTION 4.  Section 2401.001(4), Government Code, is amended
(4)  "Religious organization" means an organization
(A)  if the organization's primary purpose and
(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
SECTION 5.  Section 110.011, Civil Practice and Remedies
SECTION 6.  This Act takes effect September 1, 2025.