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Texas Protection of Rights of Conscience for Child Welfare Services Providers (HB 3864)

This law was last updated on Dec 6, 2016

This law is Anti–Choice




HB 3864


Failed to Pass


Mar 13, 2015


Primary Sponsors: 5
Co-sponsors: 4
Total Sponsors: 9


Conscience and Refusal Clauses, LGBTQ, Religious Freedom

Full Bill Text

HB 3864 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; or
  • 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.

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.