88R737 JON-F
 
  By: Swanson H.B. No. 262
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the identification of and prohibited cooperation by
  state and local entities with certain federal acts that violate the
  United States Constitution.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 7, Government Code, is amended by adding
  Chapter 794 to read as follows:
  CHAPTER 794. IDENTIFICATION OF AND PROHIBITED COOPERATION WITH
  CERTAIN UNCONSTITUTIONAL ACTS OF FEDERAL GOVERNMENT
         Sec. 794.001.  DEFINITIONS. In this chapter:
               (1)  "Political subdivision" has the meaning assigned
  by Section 791.003.
               (2)  "State agency" has the meaning assigned by Section
  751.001.
         Sec. 794.002.  REVIEW OF EXECUTIVE ORDERS. (a) On the last
  day of each month, the attorney general shall provide a written
  report to the governor, lieutenant governor, speaker of the house
  of representatives, and each member of the legislature that:
               (1)  identifies each rule adopted by a federal
  government agency during the previous month that:
                     (A)  relates to:
                           (i)  freedom of speech;
                           (ii)  the freedom to assemble;
                           (iii)  the freedom to petition the
  government;
                           (iv)  the freedom of the press;
                           (v)  the free exercise of religion,
  including the congregating of religious practitioners;
                           (vi)  the right of the people to keep and
  bear arms;
                           (vii)  the regulation of the agriculture
  industry;
                           (viii)  the use of land;
                           (ix)  the regulation of natural resources,
  including oil and natural gas;
                           (x)  the regulation of education;
                           (xi)  the regulation of interscholastic,
  intramural, or other extracurricular sports sponsored by an
  institution of higher education, a school district, or a charter
  school; or
                           (xii)  powers not specifically granted to
  the federal government by the United States Constitution;
                     (B)  was adopted in response to an executive order
  by the president of the United States; and
                     (C)  violates the rights guaranteed to the
  citizens of the United States by the United States Constitution or
  exceeds the powers specifically granted to the federal government
  by the United States Constitution; and
               (2)  provides the status of any lawsuit filed against
  the federal government relating to a rule identified by any report
  prepared under this section, including whether a court has found
  the rule:
                     (A)  to violate the rights guaranteed to the
  citizens of the United States by the United States Constitution; or
                     (B)  to exceed the powers specifically granted to
  the federal government by the United States Constitution.
         (b)  The attorney general shall publish any report prepared
  under this section on the attorney general's website and in the
  Texas Register.
         Sec. 794.003.  COOPERATION WITH UNCONSTITUTIONAL ACTS.
  Notwithstanding any other law, a state agency or political
  subdivision may not cooperate with a federal government agency in
  implementing an agency rule that a report published under Section
  794.002 indicates:
               (1)  violates the rights guaranteed to the citizens of
  the United States by the United States Constitution; or
               (2)  exceeds the powers specifically granted to the
  federal government by the United States Constitution.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.