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HOUSE CONCURRENT RESOLUTION
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WHEREAS, Under §1001(5) of The Patient Protection And |
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Affordable Care Act, commonly referred to as "Obamacare," |
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nongrandfathered group health plans must cover certain preventive |
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health services including various preventive services for women as |
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provided in guidelines issued by the Health Resources Services |
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Administration (HRSA), a component of the Federal Department of |
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Health and Human Services; and |
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WHEREAS, HRSA's guidelines for women's preventive services |
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require businesses and organizations to cover "all Food and Drug |
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Administration approved contraceptive methods, sterilization |
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procedures, and patient education and counseling for all women with |
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reproductive capacity as prescribed by a provider;" this standard |
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requires coverage of "emergency contraceptives" such as the |
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"morning after pill," also known as "Plan B" and the "week after |
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pill" also known as "Ella," which many evangelical leaders consider |
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abortion-inducing drugs; and |
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WHEREAS, Businesses which refuse to comply with the |
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requirements imposed by the Federal Department of Health and Human |
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Services through The Patient Protection And Affordable Care Act may |
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be subject to tax penalties of $100 per employee per day; and |
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WHEREAS, No fewer than 110 plaintiffs including religious |
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organizations, universities, and closely held private businesses |
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have filed 43 independent cases against the Secretary of the |
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Federal Department of Health and Human Services, Kathleen Sebelius, |
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seeking injunctions against requirements of the act which the |
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plaintiffs believe would violate their religious conscience, |
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specifically their religiously-based opposition to abortion; and |
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WHEREAS, The Federal Department of Health and Human Services |
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and the Barack Obama Administration have refused to provide an |
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exemption for religiously-based businesses and organizations to |
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the contraception provision requirements of The Patient Protection |
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And Affordable Care Act; and |
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WHEREAS, The Barack Obama Administration threatens privately |
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held businesses with crippling tax penalties if their owners refuse |
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to violate their religious consciences by providing the offending |
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contraception pills and procedures; and |
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WHEREAS, The largest privately held business to publicly |
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state its unwillingness to abide by the requirements of The Patient |
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Protection And Affordable Care Act as prescribed by the Federal |
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Department of Health and Human Services is Hobby Lobby Stores Inc., |
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a privately held retail chain with more than 500 arts and crafts |
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stores in 41 states, including Texas; and |
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WHEREAS, The owners of Hobby Lobby state that "the foundation |
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of [their] business has been, and will continue to be strong values, |
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and honoring the Lord in a manner consistent with Biblical |
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principles," and |
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WHEREAS, The owners of Hobby Lobby have described the Federal |
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Department of Health and Human Services contraception mandate as a |
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"poison pill" which they are willing to swallow, regardless of the |
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financial consequences to their business, in order to avoid |
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abandoning their religious faith and consciences; and |
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WHEREAS, With 13,000 employees, Hobby Lobby may soon be |
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subjected to crippling tax penalties of up to 1.3 million dollars |
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per day; and |
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WHEREAS, Religious freedom is a cornerstone of American |
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liberty and is enshrined in the First Amendment in the Bill of |
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Rights of the Constitution of the United States of America and is |
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further protected under the Religious Freedom Restoration Act of |
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1993 which states that "government shall not substantially burden a |
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person's exercise of religion even if the burden results from a rule |
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of general applicability;" now, therefore be it |
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RESOLVED, That the 83rd Legislature of the State of Texas |
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concludes that the contraception requirements imposed on |
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closely-held religiously-based private businesses such as Hobby |
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Lobby and other religiously-based businesses and organizations by |
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the by the Federal Department of Health and Human Services through |
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The Patient Protection And Affordable Care Act violate the |
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Constitution of the United States of America and other federal |
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laws; that this legislature concludes that the crippling tax |
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penalties threatened by the Federal Department of Health and Human |
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Services are unconscionable and contradictory to the basic |
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principles of this nation's founding; and, be it further |
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RESOLVED, That the State of Texas refuses to assist the |
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Federal Government in enforcing unconstitutional laws and |
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regulations and this Legislature urges other states and other |
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government officials to uphold their oaths to the Constitution and |
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do the same; and, be it further |
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RESOLVED, That this Legislature calls on Congress and the |
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Federal Department of Health and Human Services to cease imposing |
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contraception mandates on private businesses and, barring that, |
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provide an exemption to religiously-based businesses and |
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organizations which hold a religious objection to providing |
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contraceptive pills and procedures; and, be it further |
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RESOLVED, That until such time as the Federal Government |
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ceases to impose contraception mandates or provides an exemption |
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for religiously-based businesses, the State of Texas will do |
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everything in its power to protect the religious liberties of Texas |
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businesses and citizens; and, be it further |
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RESOLVED, That the Texas secretary of state forward official |
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copies of this resolution to the president of the United States, the |
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secretary of the Federal Department of Health and Human Services, |
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the president of the Senate and the speaker of the House of |
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Representatives of the United States Congress and to all the |
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members of the Texas delegation to the congress with the request |
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that this resolution be officially entered in the Congressional |
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Record as a memorial to the Congress of the United States of |
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America. |