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A BILL TO BE ENTITLED
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AN ACT
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relating to creation of the Health Freedom Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle G, Title 8, Insurance Code, is amended |
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by adding Chapter 1510 to read as follows: |
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CHAPTER 1510. HEALTH FREEDOM ACT |
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Sec. 1510.001. SHORT TITLE. This chapter may be cited as |
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the Health Freedom Act. |
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Sec. 1510.002. DEFINITION. In this chapter, "penalty or |
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sanction" includes any civil or criminal fine, administrative |
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penalty, license suspension or revocation, suspension or |
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revocation of the authority to engage in business in this state, |
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tax, salary or wage withholding or garnishment, surcharge, or fee, |
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or any other consequence imposed to punish or discourage the |
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exercise of rights protected under this chapter. |
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Sec. 1510.003. STATEMENT OF PUBLIC POLICY; CONSTRUCTION |
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WITH OTHER LAW. (a) Consistent with the constitutionally |
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recognized and inalienable rights of liberty, the public policy of |
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this state is that each individual in this state has the right to |
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choose or decline to choose health insurance coverage without |
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penalty or sanction or threat of penalty or sanction. |
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(b) This section may not be construed to impair any right of |
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contract related to the provision of health insurance coverage to |
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an individual or group, or the establishment or enforcement of a |
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court or administrative order for medical support of a child. |
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Sec. 1510.004. ENFORCEMENT. (a) An agency, public officer |
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or employee, or political subdivision of this state may not act to |
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impose, collect, enforce, or effectuate a penalty or sanction that |
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violates the public policy described by Section 1510.003(a). |
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(b) The attorney general shall take all necessary action |
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authorized by Section 402.038, Government Code, to preserve the |
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rights described by Section 1510.003(a). |
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SECTION 2. Subchapter B, Chapter 402, Government Code, is |
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amended by adding Section 402.038 to read as follows: |
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Sec. 402.038. ENFORCEMENT OF HEALTH FREEDOM ACT. If a law |
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or rule or regulation that violates the public policy described by |
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Section 1510.003(a), Insurance Code, is enacted or adopted by any |
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governmental entity, including the federal government, a political |
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subdivision of this state, or a state or federal agency, the |
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attorney general shall take all necessary action to preserve the |
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rights described by Section 1510.003(a), Insurance Code, |
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including: |
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(1) seeking injunctive relief; and |
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(2) defending this state and state officers, |
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employees, and agencies. |
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SECTION 3. 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. |