83R2260 PMO-F

By: Creighton H.J.R. No. 59

A JOINT RESOLUTION

proposing a constitutional amendment relating to the rights of individuals to choose or decline to choose health insurance coverage.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article I, Texas Constitution, is amended by adding Section 34 to read as follows:

Sec. 34. (a) 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) A state agency, public official, employee, or political subdivision of this state may not act to impose, collect, enforce, or effectuate a penalty or sanction intended to punish or discourage the exercise of the right described by Subsection (a) of this section.

(c) This section may not be construed to impair any right of contract related to the provision of health insurance coverage to any individual or group.

(d) For purposes of this section, "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 Subsection (a) of this section.

SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 5, 2013. The ballot shall be printed to provide for voting for or against the proposition: "The constitutional amendment providing individuals the right to choose or decline to choose health insurance coverage without penalty or sanction or threat of penalty or sanction."