Bill Text: TX HB262 | 2023-2024 | 88th Legislature | Introduced

Texas House Bill 262 (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 2)

Status: (Introduced - Dead) 2023-02-23 - Referred to State Affairs [HB262 Detail]

Download: Texas-2023-HB262-Introduced.html

	88R737 JON-F

	By: Swanson	H.B. No. 262



	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, lieutenant governor, 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) freedom of speech;
	(ii) the freedom to assemble;
	(iii) the freedom to petition the
	government;
	(iv) the freedom of the press;
	(v) the free exercise of religion,
	including the congregating of religious practitioners;
	(vi) the right of the people to keep and
	bear arms;
	(vii) the regulation of the agriculture
	industry;
	(viii) the use of land;
	(ix) the regulation of natural resources,
	including oil and natural gas;
	(x) the regulation of education;
	(xi) the regulation of interscholastic,
	intramural, or other extracurricular sports sponsored by an
	institution of higher education, a school district, or a charter
	school; or
	(xii) powers not specifically granted to
	the federal government by the United States Constitution;
	(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 or
	exceeds the powers specifically granted to the federal government
	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:
	(A) to violate the rights guaranteed to the
	citizens of the United States by the United States Constitution; or
	(B) to exceed the powers specifically granted to
	the federal government 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:
	(1) violates the rights guaranteed to the citizens of
	the United States by the United States Constitution; or
	(2) exceeds the powers specifically granted to the
	federal government by the United States 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, 2023.