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 - Dead) 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.) | ||
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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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