Texas Civil Practice and Remedies Code
Sec. § 110.006
Notice; Right to Accommodate


(a)

A person may not bring an action to assert a claim under this chapter unless, 60 days before bringing the action, the person gives written notice to the government agency by certified mail, return receipt requested:

(1)

that the persons free exercise of religion is substantially burdened by an exercise of the government agencys governmental authority;

(2)

of the particular act or refusal to act that is burdened; and

(3)

of the manner in which the exercise of governmental authority burdens the act or refusal to act.

(b)

Notwithstanding Subsection (a), a claimant may, within the 60-day period established by Subsection (a), bring an action for declaratory or injunctive relief and associated attorneys fees, court costs, and other reasonable expenses, if:

(1)

the exercise of governmental authority that threatens to substantially burden the persons free exercise of religion is imminent; and

(2)

the person was not informed and did not otherwise have knowledge of the exercise of the governmental authority in time to reasonably provide the notice.

(c)

A government agency that receives a notice under Subsection (a) may remedy the substantial burden on the persons free exercise of religion.

(d)

A remedy implemented by a government agency under this section:

(1)

may be designed to reasonably remove the substantial burden on the persons free exercise of religion;

(2)

need not be implemented in a manner that results in an exercise of governmental authority that is the least restrictive means of furthering the governmental interest, notwithstanding any other provision of this chapter; and

(3)

must be narrowly tailored to remove the particular burden for which the remedy is implemented.

(e)

A person with respect to whom a substantial burden on the persons free exercise of religion has been cured by a remedy implemented under this section may not bring an action under Section 110.005.

(f)

A person who complies with an inmate grievance system as required under Section 501.008, Government Code, is not required to provide a separate written notice under Subsection (a). In conjunction with the inmate grievance system, the government agency may remedy a substantial burden on the persons free exercise of religion in the manner described by, and subject to, Subsections (c), (d), and (e).

(g)

In dealing with a claim that a persons free exercise of religion has been substantially burdened in violation of this chapter, an inmate grievance system, including an inmate grievance system required under Section 501.008, Government Code, must provide to the person making the claim a statement of the government agencys rationale for imposing the burden, if any exists, in connection with any adverse determination made in connection with the claim.
Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30, 1999.
Sec. 110.007. ONE-YEAR LIMITATIONS PERIOD. (a) A person must bring an action to assert a claim for damages under this chapter not later than one year after the date the person knew or should have known of the substantial burden on the persons free exercise of religion.

(b)

Mailing notice under Section 110.006 tolls the limitations period established under this section until the 75th day after the date on which the notice was mailed.
Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30, 1999.
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Last accessed
Oct. 20, 2019