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A BILL TO BE ENTITLED
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AN ACT
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relating to the identification of and prohibited cooperation by |
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state and local entities with certain federal acts that violate the |
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United States Constitution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 7, Government Code, is amended by adding |
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Chapter 793 to read as follows: |
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CHAPTER 793. IDENTIFICATION OF AND PROHIBITED COOPERATION WITH |
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CERTAIN UNCONSTITUTIONAL ACTS OF FEDERAL GOVERNMENT |
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Sec. 793.001. DEFINITIONS. In this chapter: |
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(1) "Political subdivision" has the meaning assigned |
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by Section 791.003. |
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(2) "State agency" has the meaning assigned by Section |
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751.001. |
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Sec. 793.002. REVIEW OF EXECUTIVE ORDERS. (a) On the last |
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day of each month, the attorney general shall provide a written |
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report to the governor, lieutenant governor, speaker of the house |
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of representatives, and each member of the legislature that: |
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(1) identifies each rule adopted by a federal |
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government agency during the previous month that: |
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(A) relates to: |
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(i) freedom of speech; |
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(ii) the freedom to assemble; |
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(iii) the freedom to petition the |
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government; |
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(iv) the freedom of the press; |
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(v) the free exercise of religion, |
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including the congregating of religious practitioners; |
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(vi) the right of the people to keep and |
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bear arms; |
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(vii) the regulation of the agriculture |
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industry; |
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(viii) the use of land; |
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(ix) the regulation of natural resources, |
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including oil and natural gas; |
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(x) the regulation of education; |
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(xi) the regulation of interscholastic, |
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intramural, or other extracurricular sports sponsored by an |
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institution of higher education, a school district, or a charter |
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school; |
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(xii) powers not specifically granted to |
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the federal government by the United States Constitution; |
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(B) was adopted in response to an executive order |
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by the president of the United States; and |
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(C) violates the rights guaranteed to the |
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citizens of the United States by the United States Constitution or |
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exceeds the powers specifically granted to the federal government |
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by the United States Constitution; and |
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(2) provides the status of any lawsuit filed against |
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the federal government relating to a rule identified by any report |
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prepared under this section, including whether a court has found |
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the rule to: |
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(A) violate the rights guaranteed to the citizens |
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of the United States by the United States Constitution; or |
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(B) exceed the powers specifically granted to the |
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federal government by the United States Constitution. |
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(b) The attorney general shall publish any report prepared |
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under this section on the attorney general's website and in the |
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Texas Register. |
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Sec. 793.003. COOPERATION WITH UNCONSTITUTIONAL ACTS. |
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Notwithstanding any other law, a state agency or political |
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subdivision may not cooperate with a federal government agency in |
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implementing an agency rule that a report published under Section |
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793.002 indicates: |
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(1) violates the rights guaranteed to the citizens of |
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the United States by the United States Constitution; or |
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(2) exceeds the powers specifically granted to the |
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federal government by the United States 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, 2021. |