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A BILL TO BE ENTITLED
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AN ACT
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relating to the identification of and prohibited cooperation by |
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state and local entities with certain federal acts that violate the |
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United States Constitution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 7, Government Code, is amended by adding |
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Chapter 793 to read as follows: |
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CHAPTER 793. IDENTIFICATION OF AND PROHIBITED COOPERATION WITH |
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CERTAIN UNCONSTITUTIONAL ACTS OF FEDERAL GOVERNMENT |
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Sec. 793.001. DEFINITIONS. In this chapter: |
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(1) "Political subdivision" has the meaning assigned |
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by Section 791.003. |
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(2) "State agency" has the meaning assigned by Section |
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751.001. |
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Sec. 793.002. REVIEW OF EXECUTIVE ORDERS. (a) On the last |
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day of each month, the attorney general shall provide a written |
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report to the governor, lieutenant governor, speaker of the house |
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of representatives, and each member of the legislature that: |
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(1) identifies each rule adopted by a federal |
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government agency during the previous month that: |
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(A) relates to: |
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(i) pandemics or other health emergencies; |
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(ii) the regulation of natural resources, |
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including coal and oil; |
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(iii) the regulation of the agriculture |
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industry; |
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(iv) the use of land; |
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(v) the regulation of the financial sector |
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as it relates to environmental, social, or governance standards; |
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(vi) the regulation of the constitutional |
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right to keep and bear arms; or |
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(vii) the free exercise of religion, |
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including the congregating of religious practitioners; |
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(B) was adopted in response to an executive order |
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by the president of the United States; and |
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(C) violates the rights guaranteed to the |
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citizens of the United States by the United States Constitution; |
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and |
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(2) provides the status of any lawsuit filed against |
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the federal government relating to a rule identified by any report |
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prepared under this section, including whether a court has found |
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the rule to violate the rights guaranteed to the citizens of the |
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United States by the United States Constitution. |
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(b) The attorney general shall publish any report prepared |
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under this section on the attorney general's website and in the |
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Texas Register. |
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Sec. 793.003. COOPERATION WITH UNCONSTITUTIONAL ACTS. |
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Notwithstanding any other law, a state agency or political |
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subdivision may not cooperate with a federal government agency in |
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implementing an agency rule that a report published under Section |
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793.002 indicates has been found by a federal court in a decision |
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that has not been stayed, reversed, or overruled to violate the |
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rights guaranteed to the citizens of the United States by the United |
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States Constitution. |
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Sec. 793.004. INJUNCTIVE RELIEF. The attorney general may |
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bring an action in a district court in Travis County or in a county |
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in which the political subdivision is located to enjoin a violation |
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of Section 793.003. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |