BILL ANALYSIS

Senate Research Center	S.B. 242
	By: Middleton
	State Affairs
	4/12/2023
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

S.B. 242 requires the attorney general to produce a monthly report to the governor, lieutenant governor, speaker and members of the legislature covering any executive order or federal agency rule that relates to any number of issue areas and/or violates our rights under the United States Constitution. Additionally, the bill prohibits state agencies and political subdivisions from cooperating with federal agencies seeking to implement any of the rules deemed unconstitutional by the attorney general's report.

As proposed, S.B. 242 amends current law relating to the identification of and prohibited cooperation by state and local entities with certain federal acts that violate the United States Constitution.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 7, Government Code, by adding Chapter 794, as follows

CHAPTER 794. IDENTIFICATION OF AND PROHIBITED COOPERATION WITH CERTAIN UNCONSTITUTIONAL ACTS OF FEDERAL GOVERNMENT

Sec. 794.001. DEFINITIONS. Defines "political subdivision" and "state agency."

Sec. 794.002. REVIEW OF EXECUTIVE ORDERS. (a) Requires the attorney general, on the last day of each month, to provide a written report to the governor, lieutenant governor, speaker of the house of representatives, and each member of the legislature that:

(1) identifies each rule adopted by a federal government agency during the previous month that:

(A) relates to:

(i) pandemics or other health emergencies;

(ii) the regulation of natural resources, including coal and oil;

(iii) the regulation of the agriculture industry;

(iv) the use of land;

(v) the regulation of the financial sector as it relates to environmental, social, or governance standards;

(vi) the regulation of the constitutional right to keep and bear arms;

(vii) the free exercise of religion, including the congregating of religious practitioners; or

(viii) border security;

(B) was adopted in response to an executive order by the president of the United States; and

(C) violates the rights guaranteed to the citizens of the United States by the United States Constitution; and

(2) provides the status of any lawsuit filed against the federal government relating to a rule identified by any report prepared under this section, including whether a court has found the rule to violate the rights guaranteed to the citizens of the United States by the United States Constitution.

(b) Requires the attorney general to publish any report prepared under this section on the attorney general's Internet website and in the Texas Register.

Sec. 794.003. COOPERATION WITH UNCONSTITUTIONAL ACTS. Prohibits a state agency or political subdivision from cooperating with a federal government agency in implementing an agency rule that a report published under Section 794.002 indicates has been found by a court to violate the rights guaranteed to the citizens of the United States by the United States Constitution, notwithstanding any other law.

SECTION 2. Effective date: upon passage or September 1, 2023.