Texas Senate Bill SB 1073

Texas 2025 - 89th Regular

• Filed: 2/3/25
• Out of Senate Committee: 3/17/25
• Voted on by Senate: 5/14/25
• Out of House Committee: 5/22/25

Caption

Relating to discrimination against or burdening certain constitutional rights of an applicant for or holder of a license to practice law in this state.

Summary

SB 1073 would prohibit the State Bar and other entities acting under Chapter 81 of the Government Code from adopting rules, policies, or penalties that limit an applicant’s ability to obtain a Texas law license, or a lawyer’s ability to maintain or renew that license, because of sincerely held religious beliefs. It also bars rules or penalties that burden an applicant’s or lawyer’s free exercise of religion, speech or expression, membership in a religious organization, or freedom of association, including speech about religious beliefs, political ideology, or societal views. The bill creates exceptions for restrictions that are essential to a compelling governmental purpose and narrowly tailored to achieve that purpose, and for rules that restrict willful expressions of bias or prejudice in an adjudicatory proceeding. It also allows a person to raise a violation as a defense in administrative or judicial proceedings, except in cases involving allegations of sexual misconduct or criminal prosecution, and separately authorizes an action for injunctive relief.

Impact

The bill would add a new Section 81.02401 to the Texas Government Code, directly limiting how the State Bar and related licensing authorities may regulate applicants and licensed attorneys. In practice, it would create a statutory shield against certain licensing consequences tied to religious exercise, speech, association, and expressive conduct, while preserving bar authority in narrowly defined circumstances. It would also expand potential legal remedies by allowing administrative defenses, civil claims or defenses under Chapter 37 of the Civil Practice and Remedies Code, and injunctive relief.

Sentiment

The available vote history suggests the bill advanced on a largely party-line basis, with 22 yeas and 9 nays on multiple procedural and passage votes. That pattern indicates support from most majority-party members and opposition from a substantial minority, consistent with a bill framed around religious liberty and free-speech protections but also implicating professional licensing standards. No committee transcript is available, so the recorded votes are the main indicator of sentiment.

Contention

The main point of contention is the balance between protecting constitutional rights and preserving the State Bar’s ability to regulate attorney conduct and discipline. Supporters appear to view the bill as preventing discrimination against lawyers and applicants based on religious beliefs, political views, or expressive conduct. Opponents are likely concerned that the bill could constrain enforcement of professional standards, especially where conduct involves bias, prejudice, or other misconduct, though the bill expressly preserves restrictions on willful bias in adjudicatory proceedings and excludes sexual misconduct and criminal cases from its defense provisions.