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A BILL TO BE ENTITLED
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AN ACT
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relating to a report identifying each provision of state law that |
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has been declared unconstitutional by the United States Supreme |
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Court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 323, Government Code, is amended by |
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adding Section 323.021 to read as follows: |
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Sec. 323.021. REPORT ON UNCONSTITUTIONAL PROVISIONS OF |
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STATE LAW. (a) The council shall plan and execute a permanent |
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program for the systematic and continual study of the statutes of |
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this state to determine which of those statutes have been declared |
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unconstitutional by the United States Supreme Court. |
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(b) As part of the program under this section, the council |
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shall, before each regular session of the legislature, prepare and |
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submit to the legislature a report that: |
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(1) identifies each statutory provision of this state |
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that has been declared unconstitutional by the United States |
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Supreme Court and provides a citation to the applicable decision of |
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the court; and |
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(2) includes a draft of legislation that amends each |
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provision identified under Subdivision (1) to include the following |
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statement or substantially similar language: |
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"This provision of law is unenforceable as a result of the |
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decision of the United States Supreme Court in (insert name of |
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applicable court decision) declaring the law unconstitutional." |
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(c) The council may request the assistance of the attorney |
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general in performing the council's duties under this section, as |
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authorized by Section 323.012. |
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SECTION 2. The Texas Legislative Council shall submit the |
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first report due under Section 323.021, Government Code, as added |
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by this Act, to the legislature not later than December 1, 2018. |
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SECTION 3. This Act takes effect September 1, 2017. |