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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 and require that official acts of |
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government be performed in English. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The Legislature finds and declares: |
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(1) the people of the United States have brought to |
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this nation the cultural heritage of many nations; |
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(2) the people of the United States, despite their |
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many differences, have lived together harmoniously and |
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productively as citizens of one nation; |
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(3) the traditional and common language of the United |
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States and of this state is English; |
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(4) a knowledge of the common language is essential to |
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the full exercise of constitutional freedoms, the informed and |
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knowledgeable empowerment of voters, citizen checks against |
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government abuses, individual prosperity, and independence; |
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(5) the English language has been the strongest bond |
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among citizens of this nation and has contributed substantially to |
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national unity and societal cohesiveness; |
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(6) English has been this nation's language by custom |
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only and warrants special legal protection; |
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(7) government has a fiduciary responsibility to the |
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citizenry to ensure that it operates as efficiently as possible, |
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and the growth of multiple language bureaucracies and printing |
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represents an abrogation of this fiduciary responsibility; and |
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(8) this state, its political subdivisions, and the |
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federal government have a responsibility to ensure that citizens |
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have opportunities to learn English. |
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SECTION 2. Article XVI, Texas Constitution, is amended by |
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adding Section 74 to read as follows: |
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Sec. 74. (a) In this section, "official act of government" |
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means: |
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(1) an action of this state or a political subdivision |
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of this state that carries the full weight and authority of law; |
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(2) an official document recorded or first maintained |
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on or after December 1, 2011, by this state or a political |
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subdivision of this state for the public domain, including a tax |
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record, professional license, deed, real estate record, or publicly |
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probated will or other document of a court system; or |
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(3) a public proceeding of a governing body of this |
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state or a political subdivision of this state held on or after |
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December 1, 2011. |
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(b) It is the purpose of this section to preserve, protect, |
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and strengthen the unifying role of English as the official |
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language of this state. |
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(c) English is the official language of this state and is |
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the language of official acts of government. |
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(d) This state or a political subdivision of this state may |
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not make any policy expressing a preference for any language other |
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than English or diminishing or ignoring the unifying role of |
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English as designated by this section, except as provided by |
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Subsection (f). |
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(e) An elected or appointed officer of this state or a |
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political subdivision of this state shall take all reasonable steps |
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to ensure that the role of English as the official language of this |
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state is preserved and enhanced. |
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(f) This section does not: |
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(1) supersede contrary provisions imposed under |
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federal law; |
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(2) prohibit the use of another language for the |
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public safety, health, or justice; |
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(3) prohibit instruction in foreign language courses; |
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(4) prohibit instruction designed to aid students with |
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limited English proficiency in their transition and integration |
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into the education system; |
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(5) prohibit the promotion of international commerce |
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or tourism; or |
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(6) prohibit a court or an administrative agency from |
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admitting into evidence or relying on a record that is from another |
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jurisdiction and originally written in another language, if the |
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court or agency determines the record is necessary for a proceeding |
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or hearing. |
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(g) The Legislature or a governing body of a political |
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subdivision of this state may not appropriate any money to promote |
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the use of or demonstrate a preference for any language other than |
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the official language, except as provided by Subsection (f). |
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(h) This section may not be: |
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(1) construed in any way to infringe on the rights of |
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citizens, who have every right to choose their own primary |
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language, in the use of language for private conduct; or |
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(2) used to dictate language policies for the |
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operation and administration of organizations or businesses in the |
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private sector. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 8, 2011. |
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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 official acts of |
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government be performed in English." |