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A BILL TO BE ENTITLED
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AN ACT
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relating to the execution or enforcement of federal laws that |
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violate the Bill of Rights of the Texas Constitution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle Z, Title 3, Government Code, is amended |
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by adding Chapter 393 to read as follows: |
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CHAPTER 393. FEDERAL LAWS THAT VIOLATE BILL OF RIGHTS OF TEXAS |
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CONSTITUTION |
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Sec. 393.001. POLICY. It is the policy of this state to |
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refuse to provide material support for, or to participate in the |
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execution or enforcement of, any federal law that the legislature |
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finds to violate the Bill of Rights of the Texas Constitution. |
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Sec. 393.002. DEFINITIONS. In this chapter: |
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(1) "Federal law" means any federal order, law, |
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policy, rule, mandate, or agency regulation. |
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(2) "Provision, penalty, or sanction" includes a |
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provision of federal law that provides a civil or criminal fine or |
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penalty, an administrative penalty, a tax, a surcharge, or a fee, or |
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for the suspension or revocation of a license, the suspension or |
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revocation of the authority to engage in business in this state, the |
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withholding or garnishment of a salary or wage, or any other action |
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or consequence under the law. |
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Sec. 393.003. LEGISLATIVE FINDING OF VIOLATION; |
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INTERPOSITION. (a) The legislature, by a two-thirds vote of all |
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the members elected to each house, may find that a federal law |
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violates Article I, Texas Constitution. |
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(b) The legislature may include in a finding under |
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Subsection (a) the manner in which the legislature may interpose |
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itself between the federal government and persons in this state to |
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oppose the federal government in the execution and enforcement of |
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the federal law. |
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Sec. 393.004. EXECUTION OR ENFORCEMENT OF FEDERAL LAW. A |
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state agency or political subdivision, or an officer or employee of |
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a state agency or political subdivision, may not execute or enforce |
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a provision, penalty, or sanction provided by a federal law that the |
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legislature has found under Section 393.003(a) to violate Article |
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I, Texas Constitution. |
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SECTION 2. 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. |