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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 majority vote of all the |
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members elected to each house, may find that a federal law violates |
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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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Sec. 393.005. PETITION TO CONSIDER FEDERAL LAW. (a) The |
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legislature may make a preliminary determination that a federal law |
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violates Article I, Texas Constitution, by written petition signed |
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by a majority of all members elected to the senate and a majority of |
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all members elected to the house of representatives. |
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(b) The members signing the petition shall deliver the |
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petition to: |
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(1) the lieutenant governor and the speaker of the |
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house of representatives, if the legislature is convened in regular |
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or special session; or |
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(2) the governor, if the legislature is not convened |
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in regular or special session. |
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Sec. 393.006. JOINT INTERIM COMMITTEE TO CONSIDER FEDERAL |
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LAWS. (a) At the close of each regular session of the legislature, |
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the lieutenant governor shall appoint three senators and the |
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speaker of the house of representatives shall appoint three members |
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of the house of representatives to a joint interim committee to |
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consider federal laws that may violate Article I, Texas |
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Constitution. |
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(b) The lieutenant governor and speaker of the house of |
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representatives shall each designate a co-chair from among the |
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joint interim committee members. |
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(c) When the legislature is not convened in regular or |
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special session, the joint interim committee shall meet at the |
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joint call of the co-chairs to consider whether a federal law may |
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violate Article I, Texas Constitution. |
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(d) The joint interim committee shall issue a written |
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preliminary determination that a federal law violates Article I, |
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Texas Constitution, if a majority of the members appointed to the |
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committee vote in the affirmative. The committee shall deliver the |
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written preliminary determination to the governor. |
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(e) Joint interim committee members serve until the |
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convening of the next regular session of the legislature. |
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(f) The lieutenant governor or the speaker of the house of |
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representatives, as applicable, shall appoint a member to fill a |
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vacancy in the committee. |
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(g) The joint interim committee has all other powers and |
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duties provided to a special or select committee by the rules of the |
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senate and house of representatives, by Subchapter B, Chapter 301, |
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Government Code, and by policies of the senate and house committees |
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on administration. |
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Sec. 393.007. CONVENING LEGISLATURE WHEN NOT IN SESSION TO |
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CONSIDER FEDERAL LAWS. (a) If the legislature is not otherwise |
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convened in regular or special session, the governor shall convene |
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a special session of the legislature not later than the 30th day |
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after the date the governor receives: |
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(1) a written petition under Section 393.005; or |
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(2) a written preliminary determination under Section |
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393.006. |
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(b) The governor shall include in the purposes of the |
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special session consideration of federal laws that may violate |
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Article I, Texas Constitution. |
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Sec. 393.008. CONSIDERATION OF FEDERAL LAW BY COMMITTEES OF |
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THE WHOLE. (a) The lieutenant governor shall convene a committee |
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of the whole of the senate and the speaker of the house of |
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representatives shall convene a committee of the whole of the house |
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of representatives to consider federal laws that may violate |
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Article I, Texas Constitution: |
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(1) not later than the fifth legislative day after the |
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date a petition is delivered under Section 393.005(b)(1); or |
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(2) on the first day of a special session convened |
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under Section 393.007. |
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(b) A committee of the whole may refer a federal law for |
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consideration under Section 393.003 to the full senate or house of |
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representatives, as applicable, on a majority vote of the members |
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of the committee of the whole of that chamber present and voting. |
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Sec. 393.009. PRIORITY IN LEGISLATIVE ORDER OF BUSINESS. |
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The lieutenant governor or the speaker of the house of |
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representatives shall place consideration of a federal law under |
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Section 393.003 ahead of any bills or resolutions in the chamber's |
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order of business on the first full legislative day the federal law |
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is eligible for consideration. |
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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, 2017. |