Bill Text: TX HB3709 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to creation of the Health Freedom Act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-23 - Committee report sent to Calendars [HB3709 Detail]
Download: Texas-2013-HB3709-Comm_Sub.html
83R20881 PMO-F | |||
By: Bell | H.B. No. 3709 | ||
Substitute the following for H.B. No. 3709: | |||
By: Burkett | C.S.H.B. No. 3709 |
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relating to creation of the Health Freedom Act. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle G, Title 8, Insurance Code, is amended | ||
by adding Chapter 1510 to read as follows: | ||
CHAPTER 1510. HEALTH FREEDOM ACT | ||
Sec. 1510.001. SHORT TITLE. This chapter may be cited as | ||
the Health Freedom Act. | ||
Sec. 1510.002. DEFINITION. In this chapter, "penalty or | ||
sanction" includes any civil or criminal fine, administrative | ||
penalty, license suspension or revocation, suspension or | ||
revocation of the authority to engage in business in this state, | ||
tax, salary or wage withholding or garnishment, surcharge, or fee, | ||
or any other consequence imposed to punish or discourage the | ||
exercise of rights protected under this chapter. | ||
Sec. 1510.003. STATEMENT OF PUBLIC POLICY; CONSTRUCTION | ||
WITH OTHER LAW. (a) Consistent with the constitutionally | ||
recognized and inalienable rights of liberty, the public policy of | ||
this state is that each individual in this state has the right to | ||
choose or decline to choose health insurance coverage without | ||
penalty or sanction or threat of penalty or sanction. | ||
(b) This section may not be construed to impair any right of | ||
contract related to the provision of health insurance coverage to | ||
an individual or group, or the establishment or enforcement of a | ||
court or administrative order for medical support of a child. | ||
Sec. 1510.004. ENFORCEMENT. (a) An agency, public officer | ||
or employee, or political subdivision of this state may not act to | ||
impose, collect, enforce, or effectuate a penalty or sanction that | ||
violates the public policy described by Section 1510.003(a). | ||
(b) The attorney general shall take all necessary action | ||
authorized by Section 402.038, Government Code, to preserve the | ||
rights described by Section 1510.003(a). | ||
SECTION 2. Subchapter B, Chapter 402, Government Code, is | ||
amended by adding Section 402.038 to read as follows: | ||
Sec. 402.038. ENFORCEMENT OF HEALTH FREEDOM ACT. If a law | ||
or rule or regulation that violates the public policy described by | ||
Section 1510.003(a), Insurance Code, is enacted or adopted by any | ||
governmental entity, including the federal government, a political | ||
subdivision of this state, or a state or federal agency, the | ||
attorney general shall take all necessary action to preserve the | ||
rights described by Section 1510.003(a), Insurance Code, | ||
including: | ||
(1) seeking injunctive relief; and | ||
(2) defending this state and state officers, | ||
employees, and agencies. | ||
SECTION 3. 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, 2013. |