June 9, 1999
Legislature finalizes RFRA, avoids
bills on eight-liners and concealed guns
___By Ken Camp
___Texas Baptist Communications
___AUSTIN--In the final hours of the 76th Texas Legislature, lawmakers passed a measure to protect Texans' right to religious practice.
___With only one day to spare, the House of Representatives and Senate voted final approval of the Texas Religious Freedom Restoration Act May 30, sending it on to Gov. George W. Bush to sign into law.
___Earlier, both the House and Senate had passed slightly different versions of RFRA. When the House added amendments to the bill, differences between the two versions had to be resolved in conference committee.
___The Texas RFRA requires the state or local government to show compelling interest, such as a threat to public health or safety, before limiting any citizen's free exercise of religion. The government also must use the "least restrictive means" to achieve its interest.
___A state RFRA became necessary after the Supreme Court ruled the national Religious Freedom Restoration Act of 1993 unconstitutional when applied to state and local government. State RFRA legislation is allowed under the Supreme Court's decision, and six other states already passed such laws in 1997.
___Phil Strickland, director of the Texas Baptist Christian Life Commission, labeled the Texas RFRA a "milestone in the protection of religious liberty in Texas. It happened thanks to the cooperative efforts of a diverse coalition, drawn together by a shared commitment to protecting religious freedom in our state."
___Strickland was convener of the Texas RFRA coalition, which drew support from various faith communities and spanned the political spectrum from the conservative Christian Legal Society to the liberal Texas Freedom Network.
___Strickland praised the efforts of RFRA sponsors Sen. David Sibley, R-Waco, and Rep. Scott Hochberg, D-Houston. He also expressed appreciation to Gov. Bush and his office and to Doug Laycock, professor of constitutional law at the University of Texas, for their support.
___Two key bills that died in committee this session concerned "eight-liner" video slot machines and prohibitions on concealed guns in churches.
___A bill designed to close loopholes that have allowed the continued operation of illegal video slot machines in some Texas counties passed the Senate and was reported favorably out of the House Jurisprudence Committee. However, it never was reported out of the House Calendars Committee.
___"I am disappointed that the bill didn't pass, but it had been so loaded down with baggage along the way that the final product was much less desirable than it had been in its original form," said Weston Ware, CLC associate director.
___The bill had been amended to allow "carve-outs" for bingo halls, lottery retailers, pari-mutuel tracks and Indian tribes, Ware explained. "The carve-outs had weakened the bill to the point that it caused some previous supporters in the criminal justice community to questions its viability."
___Although the existing law on video slot machines was not clarified, Ware said he was encouraged that the Texas Department of Public Safety is continuing to prosecute eight-liner cases.
___Another bill that died in committee would have banned concealed pistols in church.
___Under a 1997 amendment to the Texas Right to Carry Concealed Weapons Law, any church that wants to prohibit concealed handguns on its premises must post large signs to that effect. The bill would have removed the requirement that churches post such signs, restoring the law's original language prohibiting concealed handguns in church buildings.
___Lawmakers passed a number of other bills of interest to Texas Baptists. They included bills:
___Requiring doctors to contact parents at least 48 hours before performing an abortion on a minor.
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