81R2950 YDB-F
 
  By: Berman H.B. No. 370
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of English as the official language
  of Texas and the requirement that official acts of government be
  taken in English.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The legislature finds and declares:
               (1)  the people of the United States have brought to
  this nation the cultural heritage of many nations;
               (2)  the people of the United States, despite their
  many differences, have lived together harmoniously and
  productively as citizens of one nation;
               (3)  the traditional and common language of the United
  States and of this state is English;
               (4)  a knowledge of the common language is essential to
  full exercise of constitutional freedoms, informed and
  knowledgeable empowerment as voters, citizen checks against
  government abuses, individual prosperity, and independence;
               (5)  the English language has been our strongest bond
  to one another as fellow citizens and has contributed substantially
  to national unity and societal cohesiveness;
               (6)  English has been this nation's language by custom
  only and warrants special legal protection;
               (7)  government has a fiduciary responsibility to the
  citizenry to ensure that it operates as efficiently as possible,
  and the growth of multiple language bureaucracies and printing
  represents an abrogation of this fiduciary responsibility; and
               (8)  this state, its political subdivisions, and the
  federal government have a responsibility to ensure that citizens
  have opportunities to learn English.
         SECTION 2.  Title 1, Government Code, is amended by adding
  Subtitle H to read as follows:
  SUBTITLE H. OFFICIAL LANGUAGE FOR ACTS OF GOVERNMENT
  CHAPTER 2351. ENGLISH AS OFFICIAL LANGUAGE OF GOVERNMENT AND FOR
  ACTS OF GOVERNMENT
         Sec. 2351.001.  DEFINITION.  In this chapter, "official act
  of government" means:
               (1)  an action of this state or a political subdivision
  of this state that carries the full weight and authority of law; or
               (2)  an official document recorded or first maintained
  on or after September 1, 2009, by this state or a political
  subdivision of this state for the public domain, including a tax
  record, professional license, deed, real estate record, publicly
  probated will or other document of a court system, or a public
  proceeding of a governing body of this state or a political
  subdivision of this state.
         Sec. 2351.002.  PURPOSE.  It is the purpose of this chapter
  to preserve, protect, and strengthen the unifying role of English
  as the official language of this state.
         Sec. 2351.003.  ENGLISH AS OFFICIAL LANGUAGE.  (a) English
  is the official language of this state and is the language of
  official acts of government.
         (b)  This state or a political subdivision of this state may
  not make any policy expressing a preference for any language other
  than English or diminishing or ignoring the unifying role of
  English as designated by this chapter, except as provided by
  Section 2351.004.
         (c)  An elected or appointed officer of this state or a
  political subdivision of this state shall take all reasonable steps
  to ensure that the role of English as the official language of this
  state is preserved and enhanced.
         Sec. 2351.004.  APPLICABILITY OF CHAPTER.  This chapter does
  not:
               (1)  supersede contrary provisions imposed under
  federal law;
               (2)  prohibit the use of another language for the
  public safety, health, or justice;
               (3)  prohibit instruction in foreign language courses;
               (4)  prohibit instruction designed to aid students with
  limited English proficiency in their transition and integration
  into the education system;
               (5)  prohibit the promotion of international commerce
  or tourism; or
               (6)  prohibit a court or an administrative agency from
  admitting into evidence or relying on a record that is from another
  jurisdiction and originally written in another language, if the
  court or agency determines the record is necessary for a proceeding
  or hearing.
         Sec. 2351.005.  PROHIBITED APPROPRIATION.  The legislature
  or a governing body of a political subdivision of this state may not
  appropriate any money to promote the use of or demonstrate a
  preference for any language other than the official language,
  except as provided by Section 2351.004.
         Sec. 2351.006.  CONSTRUCTION OF CHAPTER.  This chapter may
  not be:
               (1)  construed in any way to infringe on the rights of
  citizens, who have every right to choose their own primary
  language, in the use of language for private conduct; or
               (2)  used to dictate language policies for the
  operation and administration of organizations or businesses in the
  private sector.
         SECTION 3.  This Act takes effect September 1, 2009.