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TX SB2574
Bill
Status
3/13/2025
Primary Sponsor
Mayes Middleton
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AI Summary
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Prohibits Texas government officers and employees from enforcing state constitutional provisions (labeled "Blaine amendments") that restrict public funding to religious institutions, unless the U.S. Supreme Court overrules Espinoza v. Montana Department of Revenue or Carson v. Makin
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Bars government officers and employees from enforcing the First Amendment's Establishment Clause against anyone except the federal government, unless complying with a court judgment against them specifically or a directly-on-point ruling from the U.S. Supreme Court or Fifth Circuit
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Creates a private right of action allowing individuals to sue government officers or employees who violate the chapter, with mandatory awards of declaratory relief, injunctive relief, damages, and attorney's fees, and a 6-year statute of limitations
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Strips sovereign, governmental, official, and qualified immunity from defendants sued under this chapter, while simultaneously preserving all forms of immunity for the state and officials against any lawsuit challenging the validity of this chapter itself
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Removes Texas state court jurisdiction to declare any provision of this chapter invalid or unconstitutional, and declares any state court ruling disregarding these limitations to be a "legal nullity" that government officials may not enforce or obey
Legislative Description
Relating to preserving religious liberty from nativist jurisprudence.
State Officers
Last Action
Referred to State Affairs
4/3/2025