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A BILL TO BE ENTITLED
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AN ACT
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relating to creation of the Health Freedom Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle G, Title 8, Insurance Code, is amended |
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by adding Chapter 1509 to read as follows: |
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CHAPTER 1509. HEALTH FREEDOM ACT |
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Sec. 1509.001. SHORT TITLE. This chapter may be cited as |
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the Health Freedom Act. |
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Sec. 1509.002. DEFINITIONS. In this chapter "penalty or |
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sanction" includes any civil or criminal fine, administrative |
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penalty, license suspension or revocation, suspension or |
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revocation of the authority to engage in business in this state, |
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tax, salary or wage withholding or garnishment, surcharge, or fee, |
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or any other consequence imposed to punish or discourage the |
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exercise of rights protected under this chapter. |
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Sec. 1509.003. STATEMENT OF PUBLIC POLICY; CONSTRUCTION |
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WITH OTHER LAW. (a) The power to require an individual to ensure |
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that the individual, and any dependent of the individual, is |
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covered by health insurance coverage, or to impose a penalty or |
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sanction for the failure to ensure that coverage, is not found in |
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the Constitution of the United States of America and is a power |
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reserved to the people under the Ninth Amendment and to the several |
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states under the Tenth Amendment. |
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(b) Consistent with the constitutionally recognized and |
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inalienable rights of liberty, the public policy of this state is |
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that each individual in this state has the right to choose or |
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decline to choose health insurance coverage without penalty or |
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sanction or threat of penalty or sanction. |
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(c) This section may not be construed to impair any right of |
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contract related to the provision of health insurance coverage to |
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any individual or group. |
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Sec. 1509.004. ENFORCEMENT. (a) A state agency, public |
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official, employee, or political subdivision of this state may not |
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act to impose, collect, enforce, or effectuate a penalty or |
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sanction that violates the public policy described by Section |
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1509.003(b). |
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(b) The attorney general shall take all necessary action to |
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preserve the rights described by Section 1509.003(b) in the manner |
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provided by Section 402.036, Government Code. |
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SECTION 2. Subchapter B, Chapter 402, Government Code, is |
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amended by adding Section 402.036 to read as follows: |
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Sec. 402.036. ENFORCEMENT OF HEALTH FREEDOM ACT. If a law |
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or regulation that violates the public policy of the Health Freedom |
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Act (Chapter 1509, Insurance Code) is enacted by any government, |
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including the federal government of the United States of America, |
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or any governmental subdivision or agency, the attorney general |
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shall take all necessary action to preserve the rights described by |
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Section 1509.003(b), Insurance Code, including: |
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(1) seeking injunctive relief; and |
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(2) defending this state and state officials, |
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employees, and agencies. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |