Article I, Section 6-a of the Texas Constitution ("Religious Services Protection")

Added November 2, 2021:

This State or a political subdivision of this State may not enact, adopt, or issue a statute, order, proclamation, decision, or rule that prohibits or limits religious services, including religious services conducted in churches, congregations, and places of worship, in this State by a religious organization established to support and serve the propagation of a sincerely held religious belief.

Editor Comments

Sections 4 through 7 of Article I, including this section, concern religion.

The broadly-worded section was adopted with a vote of 62 percent in favor.

It prevents officials from using a disaster decree to close places of worship.

—Attorney Steve Smith

Recent Decisions

• Perez v. City of San Antonio, ___ S.W.3d ___, ___ (Tex. 2025) ("When the Texas Religious Services Clause applies, its force is absolute and categorical, meaning it forbids governmental prohibitions and limitations on religious services regardless of the government's interest in that limitation or how tailored the limitation is to that interest, but the scope of the clause's applicability is not unlimited, and it does not extend to governmental actions for the preservation and management of public lands. We express no opinion on whether the Free Exercise Clause or the Texas [Religious Freedom Restoration Act] protect the religious liberties Perez asserts . . . .")

Historic Decisions

None.

Library Resources

• Vernon's Annotated Constitution of the State of Texas (this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)

• The Texas State Constitution: A Reference Guide (this one-volume resource is available at most law libraries and some municipal libraries)

• The Constitution of the State of Texas: An Annotated and Comparative Analysis (this two-volume resource is available at most law libraries and some municipal libraries)

Online Resources

• Constitution of the State of Texas (1876) (this resource is published and maintained by the University of Texas School of Law)

• Amendments to the Texas Constitution Since 1876 (this resource is published and regularly updated by the Legislative Council)

• Reports Analyzing Proposed Amendments (this resource is published and regularly updated by the Legislative Reference Library)