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Texas Protection of Rights of Conscience for Child Welfare Services Providers (HB 1805)

This law was last updated on Oct 31, 2017


This law is Anti–Choice Anti–LGBTQ

State

Texas

Number

HB 1805

Status

Failed to Pass

Proposed

Feb 13, 2017

Topics

Conscience and Refusal Clauses, LGBTQ, Religious Freedom

Full Bill Text

www.legis.state.tx.us

HB 1805 would prohibit the state from taking adverse action against a child welfare services provider on the basis that the provider declines to provide a child care service that conflicts with the “sincerely held” religious beliefs of the provider.

The state would not be able to discriminate or take any adverse action against a child welfare services provider on the basis, wholly or partly, that the provider:

  • has declined or will decline to provide, facilitate, or refer a person for child welfare services that conflict with, or under circumstances that conflict with, the provider ’s sincerely held religious beliefs;
  • provides or intends to provide children under the control, care, guardianship, or direction of the child welfare services provider with a religious education, including through placing the children in a private or parochial school or otherwise providing a religious education in accordance with the laws of Texas;
  • has declined or will decline to provide, facilitate, or refer a person for abortions, contraceptives, or drugs, devices, or services that are potentially abortion-inducing; or
  • refuses to enter into a contractor that is inconsistent with or would in any way interfere with or force a provider to surrender the rights created by this chapter.

A child welfare services provider may assert an actual or threatened violation of this law as a claim or defense in a judicial or administrative proceeding and obtain the appropriate relief.

If passed, the bill would allow child adoption and foster placement agencies the right to discriminate in, or refuse, the services they offer (such as child placement) to LGBTQ families and children.

Related Legislation

Companion bill to SB 892.

Similar to HB 3859 and SB 1536.

Similar to HB 3864, which failed to pass in 2015.


People