(a) A person may not bring an action to assert a claim under this chapter unless, 60 days before bringing the action, the person gives written notice to the government agency by certified mail, return receipt requested:
(1) that the person’s free exercise of religion is substantially burdened by an exercise of the government agency’s governmental authority;
(2) of the particular act or refusal to act that is burdened; and
(3) of the manner in which the exercise of governmental authority burdens the act or refusal to act.
(b) Notwithstanding Subsection (a), a claimant may, within the 60-day period established by Subsection (a), bring an action for declaratory or injunctive relief and associated attorney’s fees, court costs, and other reasonable expenses, if:
(1) the exercise of governmental authority that threatens to substantially burden the person’s free exercise of religion is imminent; and
(2) the person was not informed and did not otherwise have knowledge of the exercise of the governmental authority in time to reasonably provide the notice.

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Terms Used In Texas Civil Practice and Remedies Code 110.006

  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) A government agency that receives a notice under Subsection (a) may remedy the substantial burden on the person’s free exercise of religion.
(d) A remedy implemented by a government agency under this section:
(1) may be designed to reasonably remove the substantial burden on the person’s free exercise of religion;
(2) need not be implemented in a manner that results in an exercise of governmental authority that is the least restrictive means of furthering the governmental interest, notwithstanding any other provision of this chapter; and
(3) must be narrowly tailored to remove the particular burden for which the remedy is implemented.
(e) A person with respect to whom a substantial burden on the person’s free exercise of religion has been cured by a remedy implemented under this section may not bring an action under § 110.005.
(f) A person who complies with an inmate grievance system as required under § 501.008, Government Code, is not required to provide a separate written notice under Subsection (a). In conjunction with the inmate grievance system, the government agency may remedy a substantial burden on the person’s free exercise of religion in the manner described by, and subject to, Subsections (c), (d), and (e).
(g) In dealing with a claim that a person’s free exercise of religion has been substantially burdened in violation of this chapter, an inmate grievance system, including an inmate grievance system required under § 501.008, Government Code, must provide to the person making the claim a statement of the government agency’s rationale for imposing the burden, if any exists, in connection with any adverse determination made in connection with the claim.