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A JOINT RESOLUTION
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proposing a constitutional amendment to establish English as the |
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official language of Texas. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article XVI, Texas Constitution, is amended by |
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adding Section 73 to read as follows: |
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Sec. 73. (a) In this section: |
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(1) "Official action" includes the performance of a |
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function or action on behalf of this state or a political |
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subdivision of this state or required by state law that appears to |
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present the views, position, or imprimatur of the state or |
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political subdivision or that binds or commits the state or |
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political subdivision. The term does not include: |
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(A) the teaching of, or the encouragement of |
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learning languages other than, English; |
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(B) actions required under the federal |
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Individuals with Disabilities Education Act (20 U.S.C. Section 1400 |
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et seq.) or other federal laws; |
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(C) actions, documents, or policies necessary |
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for tourism, commerce, or international trade; |
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(D) actions or documents that protect the public |
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health and safety, including law enforcement and emergency |
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services; |
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(E) actions that protect the rights of victims of |
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crimes or criminal defendants; |
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(F) the use of terms of art or phrases from |
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languages other than English; |
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(G) the use or preservation of Native American |
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languages; |
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(H) the provision of assistance to hearing |
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impaired or illiterate persons; |
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(I) informal and nonbinding translations or |
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communications among or between representatives of government and |
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other persons if this activity does not affect or impair |
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supervision, management, conduct, or execution of official actions |
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and if the representatives of government make clear that these |
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translations or communications are unofficial and are not binding |
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on this state or a political subdivision of this state; or |
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(J) actions necessary to preserve the right to |
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petition for the redress of grievances. |
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(2) "Representative of government" includes an |
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individual or entity during the performance of the individual's or |
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entity's official actions on behalf of the state or a political |
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subdivision of the state. |
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(b) English is the official language of the State of Texas. |
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(c) Representatives of government in this state shall: |
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(1) avoid taking an official action that ignores, |
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harms, or diminishes the role of English as the official state |
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language; |
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(2) protect the rights of persons in this state who use |
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English; |
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(3) encourage greater opportunities for individuals |
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to learn the English language; and |
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(4) to the greatest extent possible under federal law, |
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provide services, programs, publications, documents, and materials |
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in English. |
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(d) A person may not be discriminated against or penalized |
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because the person uses or attempts to use English in public or |
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private communication. |
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(e) Official actions must be conducted in English. |
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(f) A person who is a resident of or doing business in this |
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state may file a civil action for relief from any official action |
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that violates this section in a manner that causes injury to the |
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person. |
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(g) A person who is a resident of or doing business in this |
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state and who contends that this section is not being implemented or |
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enforced may file a civil action to determine if the failure or |
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inaction complained of is a violation of this section and for |
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injunctive or other appropriate relief. |
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(h) A person may not file an action under this section |
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unless the person has notified the attorney general of the alleged |
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violation and the attorney general or other appropriate |
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representative of government has not provided appropriate relief |
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within a reasonable time under the circumstances. An action filed |
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under this section may be in addition to or in lieu of any action by |
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officers of this state, including the attorney general. |
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(i) A person who files and is successful in an action under |
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this section may be awarded all costs incurred in the action, |
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including reasonable attorney's fees. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 6, 2007. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to establish English as |
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the official language of Texas and to require that services, |
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programs, and documents be provided in English and official actions |
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be taken in English." |