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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the legislature to determine that |
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certain federal directives are unconstitutional and to prohibit |
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certain government officers and employees from enforcing or |
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assisting in the enforcement of the directive. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle Z, Title 3, Government Code, is amended |
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by adding Chapter 394 to read as follows: |
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CHAPTER 394. UNCONSTITUTIONAL FEDERAL DIRECTIVES |
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Sec. 394.001. DEFINITIONS. In this chapter: |
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(1) "Federal agency" means a department, agency, |
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authority, commission, council, board, office, bureau, or other |
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administrative unit of the executive branch of the United States. |
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(2) "Federal directive" means: |
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(A) a federal law; |
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(B) an executive order of the president of the |
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United States; or |
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(C) a federal agency rule, policy, order, or |
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standard. |
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(3) "Government officer or employee" means: |
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(A) an elected or appointed officer of this state |
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or a political subdivision, other than the lieutenant governor or a |
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member of the legislature; |
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(B) an employee of this state or a political |
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subdivision, other than an employee of the lieutenant governor or |
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of a member of the legislature; or |
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(C) a member of the governing body of an |
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open-enrollment charter school or an officer or employee of the |
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school. |
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(4) "Political subdivision" means a county, |
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municipality, school district, junior college district, special |
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district, or other subdivision of state government. |
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(5) "Unconstitutional federal directive" means a |
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federal directive that: |
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(A) infringes on a power or right reserved to the |
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state by the Tenth Amendment to the United States Constitution; or |
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(B) prohibits or limits the ability of this state |
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to: |
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(i) provide for the health, safety, and |
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welfare of the people of this state; or |
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(ii) promote the prosperity of the people |
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of this state. |
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Sec. 394.002. LEGISLATIVE AUTHORITY. (a) The legislature |
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by concurrent resolution may: |
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(1) determine that a federal directive is an |
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unconstitutional federal directive; and |
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(2) prohibit a government officer or employee from |
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enforcing or assisting in the enforcement of the unconstitutional |
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federal directive. |
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(b) This section does not apply to a federal directive that |
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activates the state military forces as defined by Section 431.001. |
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Sec. 394.003. REQUIREMENTS TO FILE RESOLUTION. A member of |
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the legislature may not file a concurrent resolution described by |
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this section unless the filing is approved by: |
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(1) the speaker of the house of representatives, if |
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the member is a member of the house; |
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(2) the lieutenant governor, if the member is a member |
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of the senate; or |
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(3) the vote of two-thirds of the members present in |
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the house in which the member seeks to file the resolution. |
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Sec. 394.004. CONTENTS OF RESOLUTION. The legislature may |
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not adopt a concurrent resolution described by Section 394.002 |
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unless the resolution: |
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(1) identifies the federal directive that the |
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legislature determines is an unconstitutional federal directive; |
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(2) explains the basis for the legislature's |
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determination; |
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(3) specifies whether a government officer or employee |
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is prohibited from enforcing or assisting in the enforcement of the |
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directive, including specific activities or forms of assistance |
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that the officer or employee may not engage in; |
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(4) specifies the government officers or employees to |
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whom the concurrent resolution applies, as applicable; and |
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(5) specifies any other requirement the legislature |
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considers appropriate to impose on a government officer or employee |
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in order to comply with the legislature's determination. |
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Sec. 394.005. REPEAL OF RESOLUTION. The legislature may |
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repeal a concurrent resolution adopted under this chapter only by |
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concurrent resolution filed and adopted in the manner prescribed |
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for the adoption of the resolution being repealed. |
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Sec. 394.006. LEGISLATIVE INACTION. The fact that the |
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legislature has not considered whether a federal directive is an |
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unconstitutional federal directive under this chapter does not: |
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(1) imply or create a presumption that the directive |
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is constitutional; or |
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(2) limit the authority of the attorney general to |
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challenge the constitutionality of the directive. |
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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, 2025. |