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§ 110.002.Application

Title 5. Governmental Liability · Chapter 110. Religious Freedom · Last amended 2021 · Last verified August 29, 2026

In one sentenceSection 110.002 applies the chapter to every exercise of governmental authority and to each law of the state unless expressly exempted, and bars its suspension in a declared disaster.

Full Text of § 110.002

Text sizeJump to: (a) (b) (c) (d)

(a)This chapter applies to any ordinance, rule, order, decision, practice, or other exercise of governmental authority.
(b)This chapter applies to an act of a government agency, in the exercise of governmental authority, granting or refusing to grant a government benefit to an individual.
(c)This chapter applies to each law of this state unless the law is expressly made exempt from the application of this chapter by reference to this chapter.
(d)For purposes of a state of disaster declared under Chapter 418, Government Code:
(1)this chapter is not considered a regulatory statute; and
(2)a provision of this chapter may not be suspended.
End

Plain-English Summary

The application provision, and its last subsection was added in response to specific events.

The chapter applies to any ordinance, rule, order, decision, practice, or other exercise of governmental authority.

"Practice" is the notable inclusion. An unwritten practice with no formal existence is covered, which reaches how officials behave rather than only what they enact.

It applies to an act granting or refusing to grant a government benefit to an individual, so benefit administration is within it.

The chapter applies to each law of this state unless the law is expressly made exempt by reference to this chapter.

That is a strong default and a demanding exemption standard. A later statute does not escape the chapter by being inconsistent with it; it must say so, by reference to this chapter.

The effect is that this chapter overrides Texas law generally unless the Legislature deliberately says otherwise — an unusual position for an ordinary statute.

Subsection (d) addresses declared disasters, and it does two things. The chapter is not considered a regulatory statute, and a provision of it may not be suspended.

Both matter because of how disaster powers work. The Governor may suspend regulatory statutes during a declared disaster, and this places the chapter beyond that power.

The provision was added after the pandemic closures, alongside the separate prohibition on orders closing places of worship — the two together are the Legislature’s answer to that period.

Frequently Asked Questions

What government action does the chapter cover?

Any ordinance, rule, order, decision, practice or other exercise of governmental authority, including granting or refusing a benefit.

Does it apply to other Texas laws?

Yes, to each law of the state unless that law is expressly made exempt by reference to this chapter.

Can it be suspended in a disaster?

No. It is not considered a regulatory statute and no provision may be suspended.

Amendment History

  • Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30, 1999.
  • Amended by:
  • Acts 2021, 87th Leg., R.S., Ch. 799 (H.B. 1239), Sec. 2, eff. June 16, 2021.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source