Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

SB 2943 amends the Texas Occupations Code to restrict how state licensing agencies may regulate based on religious beliefs. Specifically, the bill prohibits a state agency that issues occupational licenses or regulates professions from adopting any rule, policy, or enforcement action that limits an applicant’s or license holder’s ability to obtain, maintain, or renew a license due to their sincerely held religious beliefs.

The legislation prohibits burdens on the free exercise of religion, religious speech, or membership in a religious organization, even when such burdens arise from generally applicable rules. Exceptions are included for licensing of peace officers by the Texas Commission on Law Enforcement, actions taken to ensure professional standards of care, and emergency medical situations where services are necessary to prevent death or serious injury.

In terms of enforcement, CSSB 2943 grants individuals the right to raise violations of the bill's provisions as a defense in administrative or judicial proceedings, or to bring an action for injunctive relief. However, this defense cannot be used in cases involving allegations of sexual misconduct or criminal prosecution. The bill includes a standard severability clause and provides for immediate effect upon two-thirds approval by both legislative chambers; otherwise, it becomes effective September 1, 2025.

Overall, the bill aims to bolster protections for religious liberty in the context of occupational licensure while preserving public health and safety standards and delineating the boundaries of acceptable regulatory practice by state agencies.

The Committee Substitute for SB 2943 makes several structural and stylistic refinements to the originally filed version of SB 2943, while preserving the bill’s core intent and substantive content. The most visible change is organizational: the originally filed bill inserted two new sections, 57.003 and 57.004, into Chapter 57 of the Occupations Code. In contrast, the substitute bill places the provisions into a newly created Subchapter D within the same chapter, and renumbers the sections to 57.151 and 57.152. This restructuring signals a more cohesive and forward-looking design, potentially allowing related provisions to be codified in the same subchapter in the future.

In terms of language, the Committee Substitute does not significantly change the scope or substance of the bill’s protections. Both versions prohibit state agencies from enacting or enforcing licensing policies that burden the free exercise of religion, religious speech, or association based on sincerely held religious beliefs. They also include identical exceptions, such as exempting law enforcement licensing and preserving agency authority to enforce standards of care and ensure emergency medical services are not denied.

What the substitute version does improve is clarity and conformance with standard drafting practices. It includes clearer section titles, improved formatting, and more explicit references to statutory authority (e.g., use of “Subchapter D” to define scope). These changes reflect technical and editorial improvements rather than substantive legislative shifts, and likely respond to committee input or legal drafting standards set by the Texas Legislative Council.

Overall, the Committee Substitute enhances the bill’s readability and structural coherence without altering its fundamental legal effect. It reflects a maturing of the legislative language to better support implementation and legal interpretation while remaining faithful to the original policy goals.

Author

Brent Hagenbuch

Co-Author

Peter Flores

Bob Hall

Adam Hinojosa

Phil King

Mayes Middleton

Contact the Author

Sen. Brent Hagenbuch

Capitol Phone:

(512) 463-0130

Capitol Office:

CAP GE.7

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), SB 2943 is not expected to have a significant fiscal impact on the state. The analysis assumes that any implementation costs related to changes in agency rulemaking, enforcement practices, or legal compliance could be absorbed using existing resources. This means that state agencies would not require additional appropriations or staffing to comply with the bill’s requirements regarding religious accommodations in occupational licensing.

The fiscal note also indicates no significant fiscal implications for local governments. Since the bill primarily affects state-level occupational licensing agencies and does not impose new mandates or regulatory burdens on cities, counties, or other local entities, it is not expected to generate costs at the local level.

The agencies consulted in the fiscal note include a wide array of licensing and regulatory boards, such as the Texas Medical Board, the Department of Licensing and Regulation, the Board of Nursing, and the Department of Public Safety. None reported anticipated costs that would require new funding. This suggests that the bill is structured in a way that aligns with existing agency administrative capacities, particularly because it focuses on limiting rather than expanding state regulatory authority.

Vote Recommendation Notes

SB 2943 is a well-targeted bill that affirms the principle of religious liberty by explicitly protecting applicants for and holders of occupational licenses from discrimination by state agencies based on sincerely held religious beliefs. The bill addresses a gap in current law by ensuring that occupational licensing processes in Texas do not indirectly penalize individuals for their religious views, practices, or affiliations. According to the bill analysis, these protections are essential for maintaining equal access to professional opportunities for people of faith while ensuring that agencies cannot impose ideologically biased regulations that burden constitutionally protected freedoms.

The bill strikes a careful balance between upholding religious liberty and preserving public safety and professional standards. It includes specific carve-outs to prevent misuse, such as prohibiting licensees from refusing emergency medical services and excluding cases involving sexual misconduct or criminal prosecution from its legal protections. This ensures the legislation does not become a shield for avoiding accountability or compromising essential public health and safety duties. Importantly, it allows for judicial and administrative remedies without granting additional rulemaking authority, limiting its operational impact while reinforcing civil rights.

There are also no anticipated significant fiscal implications for state or local governments, and state agencies are expected to absorb any administrative compliance costs using existing resources. This supports the recommendation to vote in favor, as the bill provides meaningful civil rights protections without incurring new public expenditures or expanding government power. CSSB 2943 is consistent with longstanding constitutional principles and the liberty-focused values, especially regarding individual freedom of conscience and limited government. Therefore, Texas Policy Research recommends that lawmakers vote YES on SB 2943.

Individual Liberty: The bill is fundamentally rooted in the protection of individual liberty, specifically religious freedom and free expression. By prohibiting state licensing agencies from penalizing or discriminating against individuals due to sincerely held religious beliefs, religious speech, or membership in a religious organization, the bill reinforces constitutional safeguards found in both the Texas and U.S. Constitutions (Texas Bill of Rights, Art. I, Secs. 6 & 8). It ensures that individuals are free to live and work according to their convictions without fear of regulatory retribution, preserving their autonomy in both private and professional spheres.
Personal Responsibility: While the bill protects licensees from religious discrimination, it does not exempt them from the responsibilities inherent in their professional roles. Section 57.151(c) clarifies that agencies may still enforce professional standards and practices. Furthermore, the bill includes provisions to prevent refusal of emergency medical services, reinforcing that religious freedom cannot be used as a shield against the duty to prevent harm or provide critical care. This careful balance affirms that liberty is accompanied by accountability.
Free Enterprise: By removing ideologically driven licensing barriers, the bill promotes a more open and pluralistic professional marketplace. It ensures that entrepreneurs and professionals are judged on merit and competence, not on their personal religious views, thus encouraging diversity and protecting the rights of Texans to engage in commerce free from arbitrary or discriminatory government interference.
Private Property Rights: Though the bill does not directly address property rights, it supports the underlying liberty that allows individuals to use their labor and skills, forms of personal property, in a manner consistent with their values. By preventing unjust license denials, the bill helps individuals maintain the legal ability to operate businesses, provide services, and earn income without sacrificing their conscience, which is an extension of property rights in practice.
Limited Government: The bill imposes clear limitations on the authority of state agencies, particularly in the realm of rulemaking. It restricts bureaucratic overreach where agencies might otherwise impose broad, one-size-fits-all policies that unintentionally burden religious individuals. This aligns with the principle that government should be constrained to its core functions and should not extend into the ideological regulation of citizens.

Related Legislation

HB 5541 (Similar To)

View Bill Text and Status