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A BILL TO BE ENTITLED
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AN ACT
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relating to exempting the intrastate production of goods and the |
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intrastate provision of services from federal regulation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Intrastate |
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Commerce Act. |
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SECTION 2. The Legislature of the State of Texas finds that: |
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(1) the Tenth Amendment to the United States |
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Constitution reserves to the states and the people all powers not |
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granted to the federal government elsewhere in the constitution; |
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(2) the Ninth Amendment to the United States |
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Constitution guarantees to the people rights not enumerated in the |
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constitution and reserves to the people of Texas those rights; |
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(3) the federal government is empowered to regulate |
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interstate commerce under Section 8, Article I, United States |
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Constitution; |
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(4) the regulation of intrastate commerce is vested in |
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the states under the Ninth and Tenth Amendments to the United States |
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Constitution; |
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(5) the drafters of the United States Constitution |
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specifically considered and rejected a proposal to authorize |
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Congress to regulate intrastate commerce that had indirect effects |
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on another state; and |
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(6) all goods grown, manufactured, made, or otherwise |
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produced in this state that remain in this state and all services |
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performed exclusively in this state are not subject to the |
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authority of the United States Congress under Congress's power to |
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regulate interstate commerce. |
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SECTION 3. Title 99, Business & Commerce Code, is amended by |
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adding Chapter 2005 to read as follows: |
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CHAPTER 2005. INTRASTATE GOODS AND SERVICES |
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Sec. 2005.001. NOT SUBJECT TO FEDERAL REGULATION. A good |
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that is grown, manufactured, made, or otherwise produced in this |
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state and remains in this state or a service performed exclusively |
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in this state is not subject to federal law or federal regulation |
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under the authority of the United States Congress to regulate |
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interstate commerce. |
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SECTION 4. This Act applies only to a good that is grown, |
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manufactured, made, or otherwise produced or a service performed on |
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or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2013. |