The East Plano Islamic Center is including the head of the state鈥檚 funeral regulatory agency in its lawsuit alleging the agency鈥檚 investigation into EPIC is unlawful and involves religious discrimination, according to recent court filings.
The mosque lists Kristin Tips, the presiding officer of the Texas Funeral Service Commission, or TFSC, as a defendant in an amended Oct. 3 version of its lawsuit against the commission. It alleges Tips鈥� text messages sharing anti-Muslim content with the commission鈥檚 former executive director show discriminatory conduct during TFSC鈥檚 investigation into EPIC鈥檚 funeral practices.
鈥淒efendant Tips鈥檚 hostility toward EPIC鈥檚 faith and her approval of disparaging comments about Islam demonstrate that the Commission鈥檚 actions were motivated by religious animus rather than any legitimate regulatory concern,鈥� the suit states.
An attorney for EPIC declined to comment. Tips and TFSC did not immediately respond to requests for comment.
TFSC, the state agency responsible for regulation and licensing in the death care industry, sent EPIC a on March 26. It accused the mosque of operating as a funeral home without a license and ordered the mosque to stop its funeral services, a move announced by Gov. Greg Abbott.
The letter came after Texas Attorney General Ken Paxton announced an investigation into EPIC for allegedly violating consumer protection laws with EPIC City, the mosque鈥檚 planned development in the city of Josephine. A slew of other state investigations into EPIC and EPIC City followed.
EPIC鈥檚 original lawsuit alleged the funeral commission鈥檚 letter was an illegal overreach, and TFSC doesn鈥檛 have the authority to take disciplinary action against the mosque, a non-funeral license holder. EPIC had a funeral home license that expired in 2022, and a deleted portion of the mosque鈥檚 website said it partnered with a licensed outside funeral home for services.
The suit also accused state officials of discriminating against the mosque based solely on religion. But in court records, TFSC alleged its investigation was motivated only by evidence showing EPIC was performing unlicensed funeral operations, and prayers or religious observances aren't at issue.
"(EPIC's) effort to recast its funeral operations as nothing more than religious rites that fall outside the realm of legitimate state regulation is legally and factually inaccurate," the attorney general's office, representing TFSC, wrote in court filings.
The commission also argues EPIC's claims are barred by sovereign immunity, a legal defense that protects the government from civil liability.
A letter filed in July as part of the suit, however, stated EPIC is authorized to continue its funeral and burial rites as a religious organization, so long as they鈥檙e performed without compensation and lawfully. The investigation is ongoing, the letter said, and a final determination hasn鈥檛 been made, but the agency is still seeking "credible information" showing wrongdoing.
Then text messages obtained by 四虎影院 and the Houston Chronicle showed Tips sending Scott Bingaman 鈥� TFSC鈥檚 former executive director fired in June 鈥� an anti-Islam graphic and videos and photos of one of the state鈥檚 only Muslim lawmakers, who was on a committee considering a bill Tips advocated for in the Texas Legislature.
EPIC鈥檚 new complaint alleges the commission鈥檚 letter violated EPIC鈥檚 rights under the Texas Religious Freedom Restoration Act. It accuses both TFSC and Tips 鈥� because of her texts 鈥� of violating the Free Exercise Clause of the First Amendment by targeting EPIC鈥檚 funeral services and not secular or non-Muslim entities.
鈥淣o reasonable official in 2025 could believe that ordering a mosque to cease its Islamic rites鈥攑articularly while expressing overt anti-Muslim animus鈥攚as lawful,鈥� the suit states.
A Muslim civil rights group asked the governor to probe TFSC for alleged civil rights violations after the texts surfaced. At a signing for a bill meant to target EPIC鈥檚 planned development in Josephine, Abbott said the funeral commission鈥檚 investigation was prompted by a complaint made by another provider 鈥� but he didn鈥檛 comment on Tips鈥� text messages.
The start of TFSC's investigation into EPIC was followed by a tumultuous period for the usually-quiet state agency. After the commission fired Bingaman in June, he to challenge his firing, alleging dysfunction within the agency.
The commission then fired staff attorneys who supported Bingaman and later sued them for speaking about their firings, a suit that was eventually dropped. Other staff have been fired since then.
Toluwani Osibamowo is 四虎影院鈥檚 law and justice reporter. Got a tip? Email Toluwani at tosibamowo@kera.org.
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