Bill Text: TX HB3046 | 2021-2022 | 87th Legislature | Comm Sub


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.

Spectrum: Partisan Bill (Republican 59-0)

Status: (Engrossed) 2021-05-25 - Placed on intent calendar [HB3046 Detail]

Download: Texas-2021-HB3046-Comm_Sub.html
 
 
  By: Middleton, et al. (Senate Sponsor - Creighton) H.B. No. 3046
         (In the Senate - Received from the House May 5, 2021;
  May 10, 2021, read first time and referred to Committee on State
  Affairs; May 19, 2021, reported favorably by the following vote:  
  Yeas 6, Nays 2; May 19, 2021, sent to printer.)
Click here to see the committee vote
 
 
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 793 to read as follows:
  CHAPTER 793. IDENTIFICATION OF AND PROHIBITED COOPERATION WITH
  CERTAIN UNCONSTITUTIONAL ACTS OF FEDERAL GOVERNMENT
         Sec. 793.001.  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. 793.002.  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)  pandemics or other health emergencies;
                           (ii)  the regulation of natural resources,
  including coal and oil;
                           (iii)  the regulation of the agriculture
  industry;
                           (iv)  the use of land;
                           (v)  the regulation of the financial sector
  as it relates to environmental, social, or governance standards;
                           (vi)  the regulation of the constitutional
  right to keep and bear arms; or
                           (vii)  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. 793.003.  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
  793.002 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. 793.004.  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 793.003.
         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 September 1, 2021.
 
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