Highlights of the 76th Texas Legislature - Senate

________________ STATE AFFAIRS/GENERAL
Grants the following remedies to any person, other than a government agency, who
successfully asserts a claim or defense under this Act:
◊ declaratory and injunctive relief;
◊ compensatory damages for pecuniary and nonpecuniary losses not to exceed
$10,000; and
◊ reasonable attorney's fees, court costs, and other expenses incurred in bringing the
action.
Bars a person from bringing an action under this Act unless the person, 60 days prior to
bringing the action, provides written notice to the government agency that the person’s
free exercise of religion has been burdened by an act of that agency; this notice
requirement does not apply if threat to the person’s exercise of religion is imminent and
the person did not have sufficient notice or knowledge of the government action that
would allow timely notice. The agency is authorized to implement a remedy to
reasonably remove the burden.
Provides that any claim under this Act must be within one year after the date the person
knew or should have known of the substantial burden on the person’s exercise of religion.
Declares that municipalities shall have no less authority to adopt or apply laws and
regulations concerning zoning, land use planning, traffic management, urban nuisance, or
historic preservation than existed under the U.S. Constitution as interpreted by federal
courts prior to April 17, 1990.
Provides that this Act applies to claims regarding employment, education, or volunteering
by those who perform duties for a religious organization.
Creates a rebuttable presumption that a valid ordinance, rule, order, decision, or practice,
which applies to persons within a city, county, or state jail or correctional facility meets
this test.
Provides that this Act does not affect the grant or denial to a religious organization of an
appropriation, other money or benefits, or a tax exemption.
INFORMATION DISCLOSURE & PROPERTY OWNERS’ ASSOC. - S.B. 434
by Senator Brown
House Sponsor: Representative Yarbrough
In the past decade, the number of property owners' associations in Texas has increased.
Because these associations assess dues and fees to their members in exchange for
services provided to the community of homeowners, prospective buyers need to be aware
of the obligations they may incur before they buy a home.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Senate Research Center 306 76 th Legislature