Bill Text: TX HB1359 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to proposing a referendum to the people of the State of Texas on the question of whether this state should leave the United States of America and establish an independent republic.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2021-03-05 - Referred to State Affairs [HB1359 Detail]

Download: Texas-2021-HB1359-Introduced.html
 
 
  By: Biedermann H.B. No. 1359
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to proposing a referendum to the people of the State of
  Texas on the question of whether this state should leave the United
  States of America and establish an independent republic.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a) At the general election to be held November
  2, 2021, the voters shall be permitted to vote in a referendum on
  the question of whether this state should leave the United States of
  America and establish an independent republic.
         (b)  Notice of the election shall be given by inclusion of
  the proposition in the proclamation by the governor ordering an
  election on any proposed constitutional amendment to the state
  constitution and in the notice of that election given by each county
  judge, or, if no constitutional amendment is proposed, the governor
  shall order and each county judge shall give notice for an election
  proposing the referendum required by this section.
         (c)  The proposition shall be printed on the ballot above any
  proposed constitutional amendment under the heading: "Referendum
  Proposition."
         (d)  The ballot shall be printed to permit voting for or
  against the proposition: "Should the legislature of the State of
  Texas submit a plan for leaving the United States of America and
  establishing an independent republic?"
         (e)  Returns of the votes cast on the proposition shall be
  prepared and canvassed in the same manner as the returns on a
  proposed constitutional amendment.
         (f)  Immediately after the results of the election are
  certified by the governor, the secretary of state shall transmit a
  copy of the certification to the lieutenant governor, the speaker
  of the house of representatives, and each member of the
  legislature.
         (g)  The referendum proposed under this section is
  nonbinding on any decision of the legislature following the
  submission of the report required by Section 2(h) of this Act.
         SECTION 2.  (a) The secretary of state shall immediately
  transmit a copy of the governor's certification of the result of the
  referendum required under Section 1 of this Act to:
               (1)  the president of the United States;
               (2)  the speaker of the House of Representatives and
  the president of the Senate of the Congress of the United States;
  and
               (3)  the members of the Texas delegation to the
  Congress of the United States.
         (b)  The Texas Independence Committee is a joint interim
  committee established to study and make recommendations regarding
  the most effective and expeditious method by which Texas may be
  returned to its status as an independent republic.
         (c)  The committee shall consider:
               (1)  recommendations for amending the Constitution of
  Texas to accommodate the needs of an independent nation, including:
                     (A)  the creation of new elected and appointed
  offices;
                     (B)  the modification of the powers, functions,
  and titles of existing offices;
                     (C)  the renaming of the State of Texas to the
  Republic of Texas;
                     (D)  the removal of unnecessary or undesirable
  provisions that exist solely as a consequence of Texas' status as a
  state within the United States of America; and
                     (E)  the identification of fundamental rights
  enumerated by the Constitution of the United States of America that
  may not be adequately preserved in the Constitution of Texas;
               (2)  recommendations for amending Texas statutes to
  accommodate the needs of an independent nation, including:
                     (A)  the creation of new agencies;
                     (B)  the modification of the powers, functions,
  and names of existing agencies; and
                     (C)  the identification of necessary and
  desirable functions of government that are provided for under the
  statutory law of the United States of America but not adequately
  described in Texas statute;
               (3)  recommendations regarding transitional issues
  which must be negotiated with the government of the United States of
  America, including:
                     (A)  any necessary or desirable changes in federal
  law;
                     (B)  the determination of citizenship of
  residents of Texas;
                     (C)  the disposition of the property and assets of
  the United States of America currently in Texas;
                     (D)  a temporary currency union;
                     (E)  a free trade agreement;
                     (F)  a common travel agreement;
                     (G)  the status of Texans currently serving in the
  armed forces of the United States of America;
                     (H)  any necessary disposition of the Texas
  portion of the national debt of the United States of America;
                     (I)  a collective defense arrangement;
                     (J)  a postal agreement;
                     (K)  the payment of pensions to Texans who have
  vested in the pension programs of the United States of America and
  its subnational governments;
                     (L)  a social security totalization agreement;
  and
                     (M)  any other transitional issues that the
  committee may identify; and
               (4)  recommendations regarding any international
  convention or multilateral agreement to which an independent Texas
  may become a party in order to benefit the people of Texas or ensure
  minimal disruption during a transition period.
         (c)  In addition to considering the issues described under
  Subsection (b) of this section, the committee shall include within
  its report required under Subsection (h) of this section a strategy
  for achieving Texas independence not later than 60 months after the
  date the results of the referendum election required under Section
  1 of this Act are certified by the governor.
         (d)  The committee is composed of:
               (1)  the lieutenant governor;
               (2)  the speaker of the house of representatives;
               (3)  four senators appointed by the lieutenant
  governor, one of whom must be the chair of the senate committee on
  state affairs; and
               (4)  four members of the house of representatives
  appointed by the speaker of the house of representatives, one of
  whom must be the chair of the house committee on state affairs.
         (e)  The lieutenant governor and speaker of the house of
  representatives shall serve as co-chairs of the committee.
         (f)  The committee shall convene at the call of the
  co-chairs.
         (g)  The committee has all other powers and duties provided
  to a special or select committee by the rules of the senate and
  house of representatives, by Subchapter B, Chapter 301, Government
  Code, and by policies of the senate and house committees on
  administration.
         (h)  Not later than December 31, 2022, the committee shall
  report the committee's findings and recommendations to the
  legislature.
         (i)  The committee is abolished and this Act expires January
  1, 2023.
         SECTION 3.  (a) Section 2 of this Act takes effect on
  December 2, 2021, but only if the referendum proposed by the 87th
  Legislature, Regular Session, 2021, on the question of whether this
  state should plan to leave the United States of America and
  establish an independent republic is approved by the voters. If
  that referendum is not approved by the voters, Section 2 has no
  effect.
         (b)  Except as provided by Subsection (a) of this section,
  this Act takes effect September 1, 2021.
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