BILL ANALYSIS

H.B. 149

By: Larson

Federalism & Fiscal Responsibility, Select

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The United States Congress recently passed the National Defense Authorization Act (NDAA) for Fiscal Year 2012. Interested parties contend that Sections 1021 and 1022 of the NDAA are contrary to the constitutions of both the United States and Texas because said sections have the potential to allow indefinite detention of American citizens deemed to be "associated forces" of enemies in the War on Terror. The parties assert that there is broad recognition that such loose definitions set a dangerous precedent which could lead to even worse constitutional breaches in the future.

H.B. 149 seeks to protect Texas citizens, who are also American citizens, from unconstitutional federal detention under Sections 1021 and 1022 of the NDAA by nullifying these provisions and by making it illegal to materially aid in the enforcement of those provisions.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 149 amends the Government Code to establish as invalid and illegal in Texas certain provisions of the federal National Defense Authorization Act for Fiscal Year 2012 relating to the indefinite detention of a person apprehended within the United States without charge or trial, prosecution by military tribunals under the law of war for a person apprehended within the United States, and transfer of a person apprehended within the United States to foreign jurisdictions, as these provisions violate other portions of federal law, the United States Constitution, and the Texas Constitution. The bill establishes that it is the policy of this state to refuse to provide material support for or to participate in any way with the implementation of these invalid and illegal provisions of federal law in Texas and that any act to enforce or attempt to enforce those laws is a violation of state law.

H.B. 149 makes it a Class A misdemeanor offense punishable by confinement for a term not to exceed one year, a fine of not more than $10,000, or both the confinement and the fine for an official, agent, or employee of the United States, or an employee of a corporation providing services to the United States, to enforce or attempt to enforce a statute, rule or regulation, order, or law relating to those invalid and illegal provisions of federal law. The bill makes it a Class B misdemeanor offense punishable by confinement for a term not to exceed 180 days, a fine of not more than $5,000, or both the confinement and the fine for a public officer or employee of this state to enforce or attempt to enforce a statute, rule or regulation, order, or law relating to these invalid and illegal provisions of federal law.

H.B. 149 requires the Texas Department of Public Safety (DPS) to report to the governor and the legislature any attempt by the federal government to implement these invalid and illegal provisions of federal law through DPS or another state agency.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.