Bill Text: TX HB1751 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the execution or enforcement of federal laws that violate the Bill of Rights of the Texas Constitution.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-30 - Left pending in committee [HB1751 Detail]
Download: Texas-2015-HB1751-Introduced.html
| 84R3718 BEF-F | ||
| By: Simpson | H.B. No. 1751 | |
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| relating to the execution or enforcement of federal laws that | ||
| violate the Bill of Rights of the Texas Constitution. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle Z, Title 3, Government Code, is amended | ||
| by adding Chapter 393 to read as follows: | ||
| CHAPTER 393. FEDERAL LAWS THAT VIOLATE BILL OF RIGHTS OF TEXAS | ||
| CONSTITUTION | ||
| Sec. 393.001. POLICY. It is the policy of this state to | ||
| refuse to provide material support for, or to participate in the | ||
| execution or enforcement of, any federal law that the legislature | ||
| finds to violate the Bill of Rights of the Texas Constitution. | ||
| Sec. 393.002. DEFINITIONS. In this chapter: | ||
| (1) "Federal law" means any federal order, law, | ||
| policy, rule, mandate, or agency regulation. | ||
| (2) "Provision, penalty, or sanction" includes a | ||
| provision of federal law that provides a civil or criminal fine or | ||
| penalty, an administrative penalty, a tax, a surcharge, or a fee, or | ||
| for the suspension or revocation of a license, the suspension or | ||
| revocation of the authority to engage in business in this state, the | ||
| withholding or garnishment of a salary or wage, or any other action | ||
| or consequence under the law. | ||
| Sec. 393.003. LEGISLATIVE FINDING OF VIOLATION; | ||
| INTERPOSITION. (a) The legislature, by a two-thirds vote of all | ||
| the members elected to each house, may find that a federal law | ||
| violates Article I, Texas Constitution. | ||
| (b) The legislature may include in a finding under | ||
| Subsection (a) the manner in which the legislature may interpose | ||
| itself between the federal government and persons in this state to | ||
| oppose the federal government in the execution and enforcement of | ||
| the federal law. | ||
| Sec. 393.004. EXECUTION OR ENFORCEMENT OF FEDERAL LAW. A | ||
| state agency or political subdivision, or an officer or employee of | ||
| a state agency or political subdivision, may not execute or enforce | ||
| a provision, penalty, or sanction provided by a federal law that the | ||
| legislature has found under Section 393.003(a) to violate Article | ||
| I, Texas Constitution. | ||
| 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 September 1, 2015. | ||
