Texas Bill Authorizing Certain Counseling Professions to Refuse to Provide Services (SB 85)

This law was last updated on Sep 19, 2019

State

Texas

Number

SB 85

Status

Failed to Pass

Proposed

Jan 1, 2019

Topics

Conscience and Refusal Clauses, LGBTQ, Religious Freedom

Full Bill Text

capitol.texas.gov

SB 85 would allow certain licensed professional counselors to refuse to provide psychological services to a person if providing the service would cause the license holder to violate a sincerely held religious belief. This includes psychologists, marriage and family therapists, licensed professional counselors, chemical dependency counselors, social workers, and licensed behavior analysts.

A license holder who refuses to provide a psychological service to a person would be required to coordinate a referral of the person to a psychologist, marriage and family therapist, licensed professional counselor, chemical dependency counselor, social worker, or licensed behavior analyst, as appropriate, who agrees to provide the counseling or therapy service.

The bill would protect the refusing license holder from facing any discriminatory action or administrative penalties. The state would be prohibited from penalizing or withholding benefits, including tax exemptions, governmental contracts, or grants, from a license holder based on the license holder’s refusal to provide services. The bill would prohibit a person from bringing a cause of action against a license holder for their refusal to provide such services.

Related Legislation

Similar to HB 3856/SB 2096, which failed to pass during the 2017 legislative session.

Latest Action

Prefiled on November 12, 2018.

2/1/19 – Referred to State Affairs.