By Chisum, et.al. H.B. No. 88
74R558 JSA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of the constitutional defense council
1-3 to study, monitor, and advise this state on certain matters
1-4 involving action of the federal government and to authorizing legal
1-5 action by this state to challenge or oppose certain federal laws or
1-6 other actions.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Title 7, Government Code, is amended by adding
1-9 Chapter 753 to read as follows:
1-10 CHAPTER 753. CONSTITUTIONAL DEFENSE COUNCIL
1-11 Sec. 753.001. DEFINITION. In this chapter, "council" means
1-12 the Constitutional Defense Council.
1-13 Sec. 753.002. COMPOSITION OF COUNCIL. (a) The
1-14 Constitutional Defense Council consists of the following nine
1-15 members:
1-16 (1) the governor;
1-17 (2) the attorney general;
1-18 (3) the lieutenant governor;
1-19 (4) the speaker of the house of representatives;
1-20 (5) the chairman of the senate committee on state
1-21 affairs;
1-22 (6) the chairman of the house committee on state
1-23 affairs; and
1-24 (7) three members appointed by the governor, each of
2-1 whom must be a current or former professor of constitutional law at
2-2 a public school of law or a lawyer who is a recognized expert in
2-3 the field of constitutional law.
2-4 (b) The governor, attorney general, lieutenant governor, or
2-5 speaker of the house may designate a person to represent that
2-6 officer on the council.
2-7 (c) Members of the council appointed by the governor serve
2-8 for terms of two years that expire February 1 of each odd-numbered
2-9 year.
2-10 (d) The governor serves as presiding officer of the council.
2-11 Sec. 753.003. COUNCIL ADMINISTRATION AND STAFF. (a) The
2-12 council shall meet at the call of the governor.
2-13 (b) Members of the council appointed by the governor are
2-14 entitled to a per diem for council service in the amount provided
2-15 by law for a member of a state board in the executive branch of
2-16 state government who is entitled to receive a per diem.
2-17 (c) The governor may designate staff from the governor's
2-18 office to serve as staff of the council. With the council's
2-19 approval, any other member of the council who is a public officer
2-20 may provide staff and other assistance to the council from the
2-21 staff and other support available to that officer.
2-22 Sec. 753.004. DUTIES OF COUNCIL. (a) The council shall
2-23 monitor and research the following matters:
2-24 (1) unfunded federal mandates that affect this state;
2-25 (2) federal court rulings and other federal actions
2-26 that hinder the management or operation of the state's correctional
2-27 system or increase the costs of operating that system;
3-1 (3) federal laws, regulations, policies, or other
3-2 actions that interfere with, reduce, or negate water rights or
3-3 property rights in this state;
3-4 (4) the existence of conflicting federal laws,
3-5 regulations, or policies in land management on federal land;
3-6 (5) federal action that would harm or interfere with
3-7 this state's ranching, timber, or mining industries;
3-8 (6) the authority of the United States or its agencies
3-9 to mandate local air quality standards or to impose sanctions
3-10 related to violations of those standards; and
3-11 (7) any other matter relating to the effect of federal
3-12 action on this state or the citizens or economy of this state as
3-13 the council considers appropriate.
3-14 (b) The council shall provide advice to the legislature and
3-15 governor on matters described by Subsection (a) and may provide
3-16 advice on those matters to any state office or agency.
3-17 (c) The council shall study the constitutionality and
3-18 legality of federal laws, regulations, policies, court rulings, or
3-19 other actions described by Subsection (a) and, taking into
3-20 consideration the purposes of and effectiveness of those items,
3-21 make recommendations for the state to challenge any of those items
3-22 as the council determines appropriate.
3-23 SECTION 2. Subchapter B, Chapter 302, Government Code, is
3-24 amended by adding Section 302.028 to read as follows:
3-25 Sec. 302.028. CHALLENGE TO FEDERAL ACTION AFFECTING THIS
3-26 STATE. (a) When the action is recommended by the Constitutional
3-27 Defense Council under Chapter 753 and requested by the governor,
4-1 the attorney general shall initiate and prosecute legal proceedings
4-2 in an appropriate forum to challenge or oppose a federal law,
4-3 regulation, policy, court ruling, or other action or its
4-4 application to this state or to persons, property, or activity in
4-5 this state. As appropriate, the attorney general shall initiate
4-6 the legal proceedings on behalf of this state, the people of this
4-7 state, or an officer, agency, or other instrumentality of this
4-8 state.
4-9 (b) The attorney general may retain outside counsel with
4-10 appropriate expertise to represent the state or to assist the
4-11 attorney general in a proceeding brought under this section.
4-12 SECTION 3. This Act takes effect September 1, 1995.
4-13 SECTION 4. The importance of this legislation and the
4-14 crowded condition of the calendars in both houses create an
4-15 emergency and an imperative public necessity that the
4-16 constitutional rule requiring bills to be read on three several
4-17 days in each house be suspended, and this rule is hereby suspended.