Category Archives: Declaratory Judgment

TRFRA Texas Religious Freedom Restoration Act Section 110.004

Texas Civil Practices and Remedies Code Title 5. Government Liability Chapter 110. Religious Freedom TRFRA Section 110.004 Defense Analysis: This short section makes clear that the religious freedom limits on government action can be raised as a defense in any suit whether the government is a party or not. This means that in a SAPCR…

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TRFRA Texas Religious Freedom Restoration Act Section 110.005

Texas Civil Practices and Remedies Code Title 5. Government Liability Chapter 110. Religious Freedom TRFRA Section 110.005 Remedies Analysis: For many people, this section will be the good part. Section 110.005 provides the remedies that you can receive from the state. It sets the amount of damages you can receive and addresses how you go…

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TRFRA Texas Religious Freedom Restoration Act Section 110.008

Civil Practices and Remedies Code Title 5. Government Liability Chapter 110. Religious Freedom TRFRA Section 110.008.  Sovereign Immunity Waived Analysis: This section is important because sub-section (a) specifically waives sovereign immunity. You may already know that you cannot sue a state because state’s have sovereign immunity from suit. One exception to this is when the…

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TRFRA Texas Religious Freedom Restoration Act Statute 110.003

Texas Civil Practices and Remedies Code Title 5. Government Liability Chapter 110. Religious Freedom TRFRA Section 110.003 Religious Freedom Protected Analysis: This section actually states what the government may not do regarding religious freedom. It says that a “government agency may not substantially burden a person’s free exercise of religion.” This statement uses the two…

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TRFRA Texas Religious Freedom Restoration Act Section 110.007

Texas Civil Practices and Remedies Code Title 5. Government Liability Chapter 110. Religious Freedom   TRFRA Section 110.007 One-Year Limitations Period Analysis: This short section of Chapter 110 is very important for anybody seeking relief under the code. You cannot delay. You cannot wait around and say “I will do it tomorrow or next week.”…

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TRFRA Texas Religious Freedom Restoration Act Statute 110.006

Texas Civil Practice and Remedies Code Title 5. Governmental Liability Chapter 110. Religious Freedom TRFRA Section 110.006 Notice; Right to Accommodate Analysis: This is the section that describes what must go into the notice letter, when the notice letter isn’t required, and how the offending official may remedy the burden on religious freedom. This section…

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TRFRA Texas Religious Freedom Restoration Act Section 110.002

Texas Civil Practices and Remedies Code Title 5. Government Liability Chapter 110. Religious Freedom   TRFRA Section 110.002 Application Analysis: This section explains the reach of the chapter and where it applies. Essentially, it applies everywhere and to every single government actor. It does not exempt courts or judges. It very clearly and plainly says…

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TRFRA Texas Religious Freedom Restoration Act Statute 110.001

Texas Civil Practices and Remedies Code Title 5. Government Liability Chapter 110. Religious Freedom   TRFRA Section 110.001 Definitions Analysis: This section defines two terms “Free exercise of religion” and “Government agency,” and tells us to look to federal precedent in determining whether an interest is a compelling interest under this chapter. (look below to…

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