Bill Text: TX HB148 | 2021 | 87th Legislature 2nd Special Session | Introduced

Texas House Bill 148 (Prior Session Legislation)

Introduced

Bill Title: Relating to the identification of and prohibited cooperation by state and local entities with certain federal acts that violate the United States Constitution.

Sponsorship: Partisan Bill (Republican 3)

Status: (Introduced - Dead) 2021-08-10 - Filed [HB148 Detail]

Download: Texas-2021-HB148-Introduced.html



	By: Middleton	H.B. No. 148



	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, the lieutenant governor, the 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) border security;
	(ii) pandemics or other health emergencies;
	(iii) the regulation of natural resources,
	including coal and oil;
	(iv) the regulation of the agriculture
	industry;
	(v) the use of land;
	(vi) the regulation of the financial sector
	as it relates to environmental, social, or governance standards;
	(vii) the regulation of the constitutional
	right to keep and bear arms; or
	(viii) the free exercise of religion,
	including the congregating of religious practitioners;
	(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;
	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 to violate the rights guaranteed to the citizens of the
	United States 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 has been found by a federal court in a decision
	that has not been stayed, reversed, or overruled to violate the
	rights guaranteed to the citizens of the United States by the United
	States Constitution.
	Sec. 794.004. INJUNCTIVE RELIEF. The attorney general may
	bring an action in a district court in Travis County or in a county
	in which the political subdivision is located to enjoin a violation
	of Section 794.003.
	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 on the 91st day after the last day of the
	legislative session.