By: Kolkhorst (Senate Sponsor - Hegar) H.B. No. 1129

(In the Senate - Received from the House May 16, 2011; May 16, 2011, read first time and referred to Committee on State Affairs; May 20, 2011, reported favorably by the following vote: Yeas 7, Nays 0; May 20, 2011, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to a study by the attorney general of the effects on state law and authority of certain international and other agreements and bodies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. (a) The attorney general shall conduct a study to determine whether the law of this state or the legislative authority of the Texas Legislature is or may be restricted, nullified, superseded, preempted, or otherwise directly affected by:

(1) any existing or proposed compact, agreement, or other arrangement between the United States, this state, or a political subdivision of this state and a foreign governmental entity, including a foreign state or local governmental entity;

(2) any international organization, including a nonprofit corporation, consisting of public or private entities from the United States and any other nation or nations, acting in coordination with a federal, state, or local government, or with a stated purpose of influencing governmental action or public policy; or

(3) any foreign or international body acting in connection with or under the authority of a compact, agreement, or other arrangement described by Subdivision (1) of this subsection, through any means including legislative or administrative action, judicial or quasijudicial decision, order, rule, regulation, or other action.

(b) In conducting the study, the attorney general shall investigate and report whether any entity described by Subsection (a)(2) or (3) of this section has attempted, formally or informally, to restrict, nullify, supersede, preempt, or otherwise directly affect the law or policy of this state or the authority of any state or local governmental body in this state.

(c) In conducting the study, the attorney general shall include consideration of the following:

(1) the North American Free Trade Agreement (NAFTA) and any entity created under or in connection with the agreement;

(2) the Security and Prosperity Partnership of North America (SPP) and any entity created under or in connection with the agreement, including the North American Competitiveness Council (NACC);

(3) the World Trade Organization (WTO) and any associated agreement;

(4) the World Health Organization (WHO) and any associated entity or agreement;

(5) the United Nations and any associated entity or agreement; and

(6) North America's SuperCorridor Coalition, Inc. (NASCO).

(d) The attorney general may enter into an agreement or other arrangement with a law school at a public institution of higher education in this state under which the attorney general may make use of the resources and personnel of the law school in conducting the study.

(e) Not later than December 1, 2012, the attorney general shall prepare a report of the findings of the study and provide a copy of the report to each member of the legislature.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.

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