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.