BILL ANALYSIS |
C.S.H.B. 165 |
By: Larson |
State & Federal Power & Responsibility, Select |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Recently, the United States Congress passed the National Defense Authorization Act for Fiscal Year 2012 and the National Defense Authorization Act for Fiscal Year 2014. Interested parties contend that certain sections of the acts are contrary to both the United States Constitution and the Texas Constitution because those sections have the potential to allow for indefinite detention of American citizens deemed to be associated forces of enemies in the War on Terror. It is widely held that loose definitions of terms such as "associated forces" set a dangerous precedent that may result in worse constitutional breaches in the future.
C.S.H.B. 165 seeks to enact the Texas Liberty Preservation Act to protect Texas citizens, who are also American citizens, from unconstitutional federal detention.
|
||||||||
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.
|
||||||||
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
|
||||||||
ANALYSIS
C.S.H.B. 165 amends the Government Code to specify that Sections 1021 and 1022 of the federal National Defense Authorization Act for Fiscal Year 2012, relating to affirmation of authority of the U.S. military to detain covered persons pursuant to the Authorization for Use of Military Force and to U.S. military custody for foreign al-Qaeda terrorists, and Section 1071(a) of the federal National Defense Authorization Act for Fiscal Year 2014, relating to the establishment of the Conflict Records Research Center, violate portions of federal law, the United States Constitution, and the Texas Constitution and, as such, are invalid and illegal in Texas. The bill establishes that it is the policy of this state to refuse to provide material support for or to participate in any way with the implementation of those federal provisions within Texas and that any act to enforce or attempt to enforce those laws in Texas is in violation of the bill's provisions.
C.S.H.B. 165 makes it a Class A misdemeanor, punishable by confinement for a maximum term of one year, a maximum fine of $10,000, or both the confinement and the fine, for an official or employee of the United States to enforce or attempt to enforce a statute, a rule or regulation, an order, or any law of the United States in violation of the bill's provisions. The bill makes it a Class B misdemeanor, punishable by confinement for a maximum term of 180 days, a maximum fine of $5,000, or both the confinement and the fine, for a public officer or employee of the state to enforce or attempt to enforce a statute, a rule or regulation, an order, or any law of the United States in violation of the bill's provisions.
C.S.H.B. 165 requires the Department of Public Safety (DPS) to report to the governor and the legislature any attempt by the federal government to implement Section 1021 or Section 1022 of the federal National Defense Authorization Act for Fiscal Year 2012 or Section 1071(a) of the federal National Defense Authorization Act for Fiscal Year 2014 through DPS or another state agency.
|
||||||||
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2015.
|
||||||||
COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 165 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
|
||||||||
|