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A JOINT RESOLUTION
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proposing a constitutional amendment regarding the execution or |
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enforcement of federal laws that violate the Bill of Rights of the |
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Texas Constitution. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The Texas Constitution is amended by adding |
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Article XVIII to read as follows: |
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ARTICLE XVIII |
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Sec. 1. It is the policy of this state to refuse to provide |
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material support for, or to participate in the execution or |
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enforcement of, any federal law that the legislature finds to |
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violate the Bill of Rights of this constitution. |
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Sec. 2. In this article: |
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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. 3. (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. |
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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. 4. A state agency or political subdivision, or an |
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officer or employee of a state agency or political subdivision, may |
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not execute or enforce a provision, penalty, or sanction provided |
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by a federal law that the legislature has found under Section 3(a) |
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to violate Article I. |
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Sec. 5. (a) The legislature may make a preliminary |
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determination that a federal law violates Article I by written |
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petition signed by a majority of all members elected to the senate |
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and a majority of all members elected to the house of |
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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. 6. (a) At the close of each regular session of the |
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legislature, the lieutenant governor shall appoint three senators |
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and the speaker of the house of representatives shall appoint three |
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members of the house of representatives to a joint interim |
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committee to consider federal laws that may violate Article I. |
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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. |
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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 if |
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a majority of the members appointed to the committee vote in the |
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affirmative. The committee shall deliver the written preliminary |
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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 senate and house of representatives may adopt joint |
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rules governing the operation of the joint interim committee. |
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Sec. 7. (a) If the legislature is not otherwise convened in |
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regular or special session, the governor shall convene a special |
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session of the legislature not later than the 30th day after the |
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date the governor receives: |
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(1) a written petition under Section 5; or |
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(2) a written preliminary determination under Section |
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6. |
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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. |
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Sec. 8. (a) The lieutenant governor shall convene a |
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committee 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: |
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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 5(b)(1); or |
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(2) on the first day of a special session convened |
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under Section 7. |
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(b) A committee of the whole may refer a federal law for |
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consideration under Section 3 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. 9. The lieutenant governor or the speaker of the house |
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of representatives shall place consideration of a federal law under |
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Section 3 ahead of any bills or resolutions in the chamber's order |
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of business on the first full legislative day the federal law is |
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eligible for consideration. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 7, 2017. |
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The ballot shall be printed to provide for voting for or against the |
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proposition: "The constitutional amendment regarding the execution |
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or enforcement of federal laws that violate the Bill of Rights of |
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the Texas Constitution." |