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.