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A BILL TO BE ENTITLED
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AN ACT
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relating non-compliance with a federal order, law, policy, rule, |
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mandate, or agency regulation that would violate Article I of the |
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Texas Constitution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 421, Government Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. |
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Sec. 421.101. POLICY; VIOLATION OF SUBCHAPTER. (a) It is |
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the policy of this state to refuse to provide material support for |
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or to participate in any federal order, law, policy, rule, mandate, |
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or agency regulation that the Texas Legislature, by a vote of 2/3 of |
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the members of each body determine would violate Article I of the |
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Texas Constitution. |
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(b) a state agency, public official, employee, or political |
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subdivision of this state may not act to impose, collect, enforce, |
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implement or effectuate a provision, penalty, or sanction |
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determined to be unconstitutional under subsection (a). |
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(c) For purposes of this section, "provision, penalty, or |
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sanction" includes any civil or criminal fine or penalty, |
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administrative penalty, license suspension or revocation, |
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suspension or revocation of the authority to engage in business in |
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this state, tax, salary or wage withholding or garnishment, |
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surcharge, or fee, or any other action or consequence implemented |
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pursuant to an action determined to be unconstitutional under |
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subsection (a). |
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SECTION 3 |
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. 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 September 1, 2013. |