83R20881 PMO-F
 
  By: Bell H.B. No. 3709
 
  Substitute the following for H.B. No. 3709:
 
  By:  Burkett C.S.H.B. No. 3709
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to creation of the Health Freedom Act.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle G, Title 8, Insurance Code, is amended
  by adding Chapter 1510 to read as follows:
  CHAPTER 1510.  HEALTH FREEDOM ACT
         Sec. 1510.001.  SHORT TITLE.  This chapter may be cited as
  the Health Freedom Act.
         Sec. 1510.002.  DEFINITION.  In this chapter, "penalty or
  sanction" includes any civil or criminal fine, administrative
  penalty, license suspension or revocation, suspension or
  revocation of the authority to engage in business in this state,
  tax, salary or wage withholding or garnishment, surcharge, or fee,
  or any other consequence imposed to punish or discourage the
  exercise of rights protected under this chapter.
         Sec. 1510.003.  STATEMENT OF PUBLIC POLICY; CONSTRUCTION
  WITH OTHER LAW.  (a)  Consistent with the constitutionally
  recognized and inalienable rights of liberty, the public policy of
  this state is that each individual in this state has the right to
  choose or decline to choose health insurance coverage without
  penalty or sanction or threat of penalty or sanction.
         (b)  This section may not be construed to impair any right of
  contract related to the provision of health insurance coverage to
  an individual or group, or the establishment or enforcement of a
  court or administrative order for medical support of a child.
         Sec. 1510.004.  ENFORCEMENT.  (a)  An agency, public officer
  or employee, or political subdivision of this state may not act to
  impose, collect, enforce, or effectuate a penalty or sanction that
  violates the public policy described by Section 1510.003(a).
         (b)  The attorney general shall take all necessary action
  authorized by Section 402.038, Government Code, to preserve the
  rights described by Section 1510.003(a).
         SECTION 2.  Subchapter B, Chapter 402, Government Code, is
  amended by adding Section 402.038 to read as follows:
         Sec. 402.038.  ENFORCEMENT OF HEALTH FREEDOM ACT. If a law
  or rule or regulation that violates the public policy described by
  Section 1510.003(a), Insurance Code, is enacted or adopted by any
  governmental entity, including the federal government, a political
  subdivision of this state, or a state or federal agency, the
  attorney general shall take all necessary action to preserve the
  rights described by Section 1510.003(a), Insurance Code,
  including:
               (1)  seeking injunctive relief; and
               (2)  defending this state and state officers,
  employees, and agencies.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.