Bill Caption

Relating to discrimination against or burdening certain constitutional rights of an applicant for or holder of a license to practice law in this state.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 3940 would prohibit the State Bar of Texas from adopting a rule or policy that limits an applicant’s ability to obtain, or a member’s ability to renew, a law license based on a sincerely held religious belief.

The bar would also be prohibited from adopting a rule or policy that burdens an applicant or member’s free exercise of religion, membership of a religious organization, or freedom of association. Any rules or policies that violate these provisions would be permissible if they are essential to enforcing a compelling governmental purpose and narrowly tailored to accomplish that purpose.

If enacted, a person would be able to use these provisions as a defense to an action by the Bar or bring an action for injunctive relief against a rule or policy.

Vote Recommendation Notes

Texas Action supports HB 3940 because it would protect individual liberty and limit government. As a state entity, the State Bar of Texas should not participate in content-based viewpoint discrimination, including any rules that penalize religious belief. HB 3940 would prevent the State Bar from making licensure contingent upon self-censorship.

After all, even attorneys should enjoy religious liberty, their choice of profession notwithstanding. Texas Action supports this HB 3940.