89R9789 JTZ-D     By: Oliverson H.B. No. 4547       A BILL TO BE ENTITLED   AN ACT   relating to certain actions by a state agency that burden certain   constitutional rights of an applicant for or holder of an   occupational license.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 57, Occupations Code, is amended by   adding Subchapter D to read as follows:   SUBCHAPTER D. STATE AGENCY ACTIONS BURDENING CERTAIN   CONSTITUTIONAL RIGHTS          Sec. 57.151.  PROHIBITION ON CERTAIN STATE AGENCY ACTIONS.   (a)  Notwithstanding any other law, a state agency may not adopt a   rule or take any regulatory or enforcement action that burdens an   applicant's or license holder's:                (1)  free exercise of religion as protected by the   United States Constitution or Texas Constitution; or                (2)  freedom of speech as protected by the United   States Constitution or Texas Constitution.          (b)  Notwithstanding any other law, an act by a license   holder in the exercise of a right described by Subsection (a) does   not constitute unprofessional conduct by the license holder for   purposes of the law regulating the license holder's business,   occupation, or profession.          (c)  On a determination by a state agency that a complaint   against a license holder is based on conduct by the license holder   in the exercise of a right described by Subsection (a), the state   agency shall promptly close any investigation relating to the   complaint and dismiss the complaint.          Sec. 57.152.  COMPLAINTS BASED ON EXERCISE OF CONSTITUTIONAL   RIGHTS PROHIBITED. (a)  A person may not file a complaint, or aid in   the filing of a complaint, with a state agency regarding speech or   conduct by a license holder that:                (1)  is not made or done in the license holder's   professional capacity; or                (2)  involves the license holder's exercise of a right   described by Section 57.151(a).          (b)  If a person who files or aids in the filing of a   complaint in violation of Subsection (a) is a license holder, the   state agency regulating the license holder may take disciplinary   action against the license holder.          Sec. 57.153.  PRIVATE CAUSE OF ACTION. (a) Not later than   the first anniversary of the date an applicant's or license holder's   rights were burdened by a state agency in violation of Section   57.151, the applicant or license holder may bring an action against   the state agency or a member of the governing body of the state   agency in the member's official capacity.          (b)  A prevailing claimant in an action brought under this   section is entitled to recover:                (1)  declaratory relief;                (2)  injunctive relief;                (3)  three times the amount of compensatory damages;   and                (4)  court costs and reasonable attorney's fees   incurred in bringing the action.          (c)  A state agency's sovereign immunity to suit and from   liability is waived to the extent of liability created by this   section.  A member of the governing body of a state agency may not   assert official immunity in an action brought under this section.          SECTION 2.  Section 57.153, Occupations Code, as added by   this Act, applies only to a cause of action that accrues on or after   the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2025.