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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Liberty Preservation Act; creating criminal |
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offenses; providing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) This Act shall be known as the Texas Liberty |
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Preservation Act. |
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(b) The legislature finds that: |
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(1) the Tenth Amendment to the United States |
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Constitution authorizes the United States federal government to |
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exercise only those powers specifically delegated to it under |
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Article I, Section 8, United States Constitution; |
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(2) the guaranty of the constitutional limitations on |
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federal power is a matter of contract between the several states, |
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including the State of Texas, and the federal government at the time |
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the United States Constitution was ratified and subsequently |
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amended by the Bill of Rights; |
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(3) Article VI, United States Constitution, provides |
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that the laws of the United States federal government are the |
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supreme law of the land only if those laws are adopted in accordance |
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with the powers delegated to the federal government in the United |
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States Constitution; |
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(4) the President of the United States has asserted |
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that the Authorization for Use of Military Force (Pub. L. No. |
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107-40), enacted in 2001, authorizes the president to indefinitely |
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detain, without charge, any person, including a citizen of the |
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United States or a lawful resident alien, regardless of whether the |
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person is apprehended inside or outside the borders of the United |
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States; |
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(5) Sections 1021 and 1022 of the National Defense |
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Authorization Act for Fiscal Year 2012 (Pub. L. No. 112-81) |
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authorize: |
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(A) indefinite detention of persons apprehended |
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within the United States without charge or trial; |
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(B) prosecution by military tribunals under the |
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law of war for persons apprehended within the United States; and |
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(C) transfer of persons apprehended within the |
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United States to foreign jurisdictions; |
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(6) in authorizing the actions described by |
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Subdivision (5) of this subsection, Sections 1021 and 1022 of the |
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National Defense Authorization Act for Fiscal Year 2012 (Pub. L. |
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No. 112-81) are inimical to the liberty, security, and well-being |
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of the citizens of the State of Texas by violating: |
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(A) the Texas Constitution; |
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(B) the limits of federal power authorized by |
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Article I, Section 8, United States Constitution; |
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(C) the legal doctrine of Posse Comitatus under |
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18 U.S.C. Section 1385 by authorizing the armed forces of the United |
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States to police the United States; and |
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(D) the following provisions of the United States |
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Constitution: |
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(i) Article I, Section 9, Clause 2 |
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(ensuring the right to seek a habeas corpus); |
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(ii) the First Amendment (ensuring the |
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right to petition the federal government for the redress of |
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grievances); |
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(iii) the Fourth Amendment (ensuring the |
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right to be free from unreasonable search and seizure); |
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(iv) the Fifth Amendment (requiring capital |
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or infamous crimes to be brought before a grand jury before charging |
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the defendant and prohibiting deprivation of life, liberty, or |
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property without due process of law); |
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(v) the Sixth Amendment (ensuring the right |
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to a speedy trial by an impartial jury in the state or district |
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where the offense was alleged to have been committed, the right to |
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be informed of the nature and cause of accusations and charges |
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levied, the right to retain legal counsel, and the right to confront |
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witnesses); |
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(vi) the Eighth Amendment (prohibiting |
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excessive bail and fines and prohibiting cruel and unusual |
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punishment); and |
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(vii) the Fourteenth Amendment |
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(prohibiting deprivation of life, liberty, or property without due |
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process of law); |
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(7) Section 1071(a) of the National Defense |
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Authorization Act for Fiscal Year 2014 (Pub. L. No. 113-66) |
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authorizes the Secretary of Defense of the United States to create |
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the Conflict Records Research Center, which will establish a |
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database to facilitate research and analysis of records captured |
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from countries, organizations, and individuals "now or once hostile |
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to the United States"; |
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(8) the Conflict Records Research Center has access to |
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information that was unconstitutionally collected by the National |
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Security Agency and the Department of Defense; and |
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(9) the actions authorized by Sections 1021 and 1022 |
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of the National Defense Authorization Act for Fiscal Year 2012 |
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(Pub. L. No. 112-81) and Section 1071(a) of the National Defense |
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Authorization Act for Fiscal Year 2014 (Pub. L. No. 113-66) and the |
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enforcement of those actions are illegal within this state. |
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SECTION 2. Chapter 421, Government Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. TEXAS LIBERTY PRESERVATION ACT |
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Sec. 421.101. CERTAIN PORTIONS OF THE FEDERAL NATIONAL |
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DEFENSE AUTHORIZATION ACTS OF 2012 AND 2014 INVALID. Sections 1021 |
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and 1022 of the National Defense Authorization Act for Fiscal Year |
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2012 (Pub. L. No. 112-81) and Section 1071(a) of the National |
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Defense Authorization Act for Fiscal Year 2014 (Pub. L. No. 113-66) |
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violate portions of federal law, the United States Constitution, |
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and the Texas Constitution and, as such, are invalid and illegal in |
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this state. |
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Sec. 421.102. POLICY; VIOLATION OF SUBCHAPTER. It is the |
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policy of this state to refuse to provide material support for or to |
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participate in any way with the implementation within this state of |
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Sections 1021 and 1022 of the National Defense Authorization Act |
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for Fiscal Year 2012 (Pub. L. No. 112-81) or Section 1071(a) of the |
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National Defense Authorization Act for Fiscal Year 2014 (Pub. L. |
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No. 113-66). Any act to enforce or attempt to enforce those laws is |
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in violation of this subchapter. |
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Sec. 421.103. OFFENSES; PENALTIES. (a) A person who is an |
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official or employee of the United States commits an offense if the |
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person enforces or attempts to enforce a statute, a rule or |
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regulation, an order, or any law of the United States in violation |
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of this subchapter. |
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(b) An offense under Subsection (a) is a Class A misdemeanor |
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punishable by confinement for a term not to exceed one year, a fine |
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of not more than $10,000, or both the confinement and the fine. |
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(c) A person who is a public officer or employee of this |
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state commits an offense if that person enforces or attempts to |
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enforce a statute, a rule or regulation, an order, or any law of the |
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United States in violation of this subchapter. |
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(d) An offense under Subsection (c) is a Class B misdemeanor |
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punishable by confinement for a term not to exceed 180 days, a fine |
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of not more than $5,000, or both the confinement and the fine. |
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Sec. 421.104. REPORT. The Texas Department of Public |
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Safety shall report to the governor and the legislature any attempt |
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by the federal government to implement Section 1021 or 1022 of the |
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National Defense Authorization Act for Fiscal Year 2012 (Pub. L. |
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No. 112-81) or Section 1071(a) of the National Defense |
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Authorization Act for Fiscal Year 2014 (Pub. L. No. 113-66) through |
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the Texas Department of Public Safety or another state agency. |
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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, 2015. |