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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement within this state of certain federal |
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laws for federally declared public health emergencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 2, Health and Safety Code, is |
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amended by adding Chapter 174 to read as follows: |
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CHAPTER 174. ENFORCEMENT OF CERTAIN FEDERAL LAWS RELATED TO |
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FEDERALLY DECLARED PUBLIC HEALTH EMERGENCIES |
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Sec. 174.001. DEFINITIONS. In this chapter: |
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(1) "Federally declared public health emergency" |
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means: |
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(A) a public health emergency declared by the |
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United States secretary of health and human services under 42 |
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U.S.C. Section 247d; or |
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(B) an emergency or disaster declared, including |
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under a renewal of the declaration, by the president of the United |
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States in relation to a public health emergency described by |
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Paragraph (A) under: |
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(i) the National Emergencies Act (50 U.S.C. |
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Section 1601 et seq.); or |
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(ii) the Robert T. Stafford Disaster Relief |
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and Emergency Assistant Act (42 U.S.C. Section 5121 et seq.). |
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(2) "State money" means money the legislature |
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appropriates or money a state agency controls or directs. |
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Sec. 174.002. PROHIBITED ENFORCEMENT OF CERTAIN FEDERAL |
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LAWS. Notwithstanding any other law, a state agency, a political |
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subdivision, or a law enforcement officer or other person a state |
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agency or political subdivision employs may not enforce or provide |
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assistance to a federal agency or official with respect to |
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enforcing a federal statute, order, rule, or regulation that: |
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(1) is enacted or issued in response to a federally |
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declared public health emergency; and |
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(2) imposes a prohibition, restriction, or other |
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regulation that does not exist under this state's laws. |
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Sec. 174.003. CERTAIN POLITICAL SUBDIVISIONS INELIGIBLE |
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FOR RECEIPT OF STATE MONEY. (a) A political subdivision is |
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ineligible to receive state money if the political subdivision |
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enters into a contract or adopts a rule, order, ordinance, or policy |
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under which the political subdivision enforces or assists with the |
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enforcement of a federal statute, order, rule, or regulation |
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described by Section 174.002 or, by consistent actions, enforces or |
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assists with the enforcement of a federal statute, order, rule, or |
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regulation described by that section. |
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(b) If a final judicial determination in an action brought |
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under this chapter finds that a political subdivision has enforced |
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or assisted with the enforcement of a federal statute, order, rule, |
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or regulation that is prohibited under Section 174.002, the |
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political subdivision is ineligible to receive state money, |
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including money from the general revenue fund or a grant program a |
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state agency or other state entity administers, for the next state |
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fiscal year following the determination. |
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Sec. 174.004. COMPLAINT AND ATTORNEY GENERAL ACTION. (a) |
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An individual residing in the jurisdiction of a political |
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subdivision may file a complaint with the attorney general if the |
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individual offers evidence to support an allegation that the |
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political subdivision entered into a contract or adopted a rule, |
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order, ordinance, or policy under which the political subdivision |
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enforces or assists with the enforcement of any federal statute, |
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order, rule, or regulation that is prohibited under Section 174.002 |
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or evidence to support an allegation that the political |
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subdivision, by consistent actions, enforces or assists with the |
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enforcement of any federal statute, order, rule, or regulation |
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described by that section. The individual must include with the |
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complaint the evidence supporting the complaint. |
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(b) If the attorney general determines that a complaint |
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filed under Subsection (a) against a political subdivision is |
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valid, the attorney general may file a petition for a writ of |
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mandamus or apply for other appropriate equitable relief in a |
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district court in Travis County or in a county in which the |
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principal office of the political subdivision is located to compel |
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the political subdivision to comply with Section 174.002. The |
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attorney general may recover reasonable expenses incurred in |
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obtaining relief under this subsection, including court costs, |
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reasonable attorney's fees, investigative costs, witness fees, and |
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deposition costs. |
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Sec. 174.005. APPEAL OF ATTORNEY GENERAL ACTION. An appeal |
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of an action brought under Section 174.004(b) is governed by the |
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procedures for accelerated appeals in civil cases under the Texas |
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Rules of Appellate Procedure. The appellate court shall render its |
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final order or judgment with the least possible delay. |
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Sec. 174.006. DEFENSE BY ATTORNEY GENERAL IN CERTAIN |
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ACTIONS. The attorney general shall defend a state agency or |
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political subdivision in an action brought against the agency or |
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political subdivision by the federal government for an act or |
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omission of the agency or political subdivision consistent with the |
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requirements of this chapter. |
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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, 2023. |