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A BILL TO BE ENTITLED
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AN ACT
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relating to preventing the commandeering of state resources by the |
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federal government. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2113, Government Code, is amended by |
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adding Subchapter F to read as follows: |
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SUBCHAPTER F. RESTRICTIONS ON EXPENDITURES FOR ENFORCEMENT OF |
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FEDERAL ACTIONS |
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Sec. 2113.351. DEFINITION. In this subchapter, "federal |
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action" includes: |
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(1) a federal law; |
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(2) a federal agency rule, policy, or standard; |
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(3) an executive order of the president of the United |
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States; and |
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(4) an order of a federal court. |
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Sec. 2113.352. RESTRICTION ON EXPENDITURES. (a) In order |
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to prevent the commandeering of state resources by the federal |
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government, a state agency may not use appropriated money to |
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enforce a federal action unless that use is explicitly authorized |
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by the legislature in: |
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(1) the General Appropriations Act; or |
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(2) other state law. |
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(b) A state agency may ask the attorney general for advice |
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in complying with this section. The attorney general shall provide |
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the requested advice. |
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SECTION 2. Section 2113.352, Government Code, as added by |
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this Act, applies only to the use of appropriated money by a state |
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agency on or after September 1, 2017. |
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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, 2017. |