(a) A person employed or maintained to obtain or aid in obtaining positions for public school employees may not directly or indirectly ask about, orally or in writing, the religion or religious affiliation of anyone applying for employment in the public schools of this state.
(b) A person who violates Subsection (a) is subject to a civil penalty of not less than $100 nor more than $500. The aggrieved applicant or the applicant’s assignee may bring suit for imposition of the civil penalty in the county of plaintiff‘s or defendant‘s residence.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B misdemeanorup to 180 daysup to $2,000
For details, see Texas Penal Code § 12.22

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Terms Used In Texas Education Code 22.901

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.

(c) A person who violates Subsection (a) commits an offense. An offense under this subsection is a Class B misdemeanor.