HBA-TYH H.R. 1000 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.R. 1000
By: Christian
State Affairs
5/24/1999
Introduced


BACKGROUND AND PURPOSE 

With regard to religious freedom, the First Amendment of the United States
Constitution's Bill of Rights declares that the state has no right either
to establish an official religion or to prohibit a person's freedom to
worship according to the dictates of religious faith and individual
conscience. While state-sponsored prayer in public schools has been
prohibited, the right to participate in voluntary, student-initiated and
student-led prayers in public schools also has been challenged in recent
years, and those challenges have resulted in conflicting federal court
rulings. 
 
Some courts, most notably the Fifth Circuit Court in Jones v. Clear Creek
Independent School District (Jones II), have given recognition to the
difference between government speech endorsing religion, which the
establishment clause prohibits, and private speech expressing religious
sentiments, which the free speech and free exercise clauses protect, and
thus allowed student-led prayers at school functions such as graduation
ceremonies.  Other courts, most recently a three-judge panel of the Fifth
Circuit Court in Doe v. Santa Fe Independent School District, have refused
to give recognition to the difference and disallowed similar initiatives
for voluntary student-led prayers, despite the fact that the Santa Fe
district's policy was practically indistinguishable from the school policy
upheld in the Jones II rulings.  In this Texas case, the Santa Fe school
district in Galveston County was sued by two parents who believed that
prayers offered by students at graduation ceremonies and football games
violated the First Amendment's establishment clause, and although the trial
court sided with the school district and allowed student-led prayers on
those occasions, two members of the appellate court agreed with the
plaintiffs and disallowed the prayers.   

In response to this adverse appellate court decision, Attorney General John
Cornyn and Governor George W. Bush filed an amicus brief supporting the
students' right to gather in prayer; despite this intervention by the
state, the full 16-member Fifth Circuit Court, meeting en banc, upheld the
ban on prayers or any expression of religious belief at football games in a
9-7 decision.  This ruling poses a two-fold dilemma for the individual and
for the state: a citizen's basic freedom of religious expression is denied,
and the state is placed in the untenable position of determining which
religious viewpoints are appropriately nonsectarian and nonproselytizing
and thus permissible.  
 
This resolution provides that the House of Representatives of the 76th
Texas Legislature supports the right to voluntary, student-initiated prayer
in public schools and the right to practice one's own religious faith
without the interference of the state; that the house of representatives
encourages the office of the attorney general to continue its efforts in
support of the Santa Fe Independent School District and to litigate on
behalf of this and other school districts across the state that face
similar challenges to ensure that students' right to engage in voluntary
prayer will not be abridged in the State of Texas; and that the chief clerk
of the house forward an official copy of this resolution to the office of
the attorney general.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this resolution
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

H.R. 1000 provides that the House of Representatives of the 76th Texas
Legislature supports the right to voluntary, student-initiated prayer in
public schools and the right to practice one's own religious faith without
the interference of the state. 

 Provides  that the house of representatives encourages the office of the
attorney general to continue its efforts in support of the Santa Fe
Independent School District and to litigate on behalf of this and other
school districts across the state that face similar challenges to ensure
that students' right to engage in voluntary prayer will not be abridged in
the State of Texas.  

Provides that the chief clerk of the house forward an official copy of this
resolution to the office of the attorney general.