Bill Text: TX HB3709 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to creation of the Health Freedom Act.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2013-04-23 - Committee report sent to Calendars [HB3709 Detail]
Download: Texas-2013-HB3709-Comm_Sub.html
| 83R20881 PMO-F | |||
| By: Bell | H.B. No. 3709 | ||
| Substitute the following for H.B. No. 3709: | |||
| By: Burkett | C.S.H.B. No. 3709 | ||
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| relating to creation of the Health Freedom Act. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle G, Title 8, Insurance Code, is amended | ||
| by adding Chapter 1510 to read as follows: | ||
| CHAPTER 1510. HEALTH FREEDOM ACT | ||
| Sec. 1510.001. SHORT TITLE. This chapter may be cited as | ||
| the Health Freedom Act. | ||
| Sec. 1510.002. DEFINITION. In this chapter, "penalty or | ||
| sanction" includes any civil or criminal fine, administrative | ||
| penalty, license suspension or revocation, suspension or | ||
| revocation of the authority to engage in business in this state, | ||
| tax, salary or wage withholding or garnishment, surcharge, or fee, | ||
| or any other consequence imposed to punish or discourage the | ||
| exercise of rights protected under this chapter. | ||
| Sec. 1510.003. STATEMENT OF PUBLIC POLICY; CONSTRUCTION | ||
| WITH OTHER LAW. (a) Consistent with the constitutionally | ||
| recognized and inalienable rights of liberty, the public policy of | ||
| this state is that each individual in this state has the right to | ||
| choose or decline to choose health insurance coverage without | ||
| penalty or sanction or threat of penalty or sanction. | ||
| (b) This section may not be construed to impair any right of | ||
| contract related to the provision of health insurance coverage to | ||
| an individual or group, or the establishment or enforcement of a | ||
| court or administrative order for medical support of a child. | ||
| Sec. 1510.004. ENFORCEMENT. (a) An agency, public officer | ||
| or employee, or political subdivision of this state may not act to | ||
| impose, collect, enforce, or effectuate a penalty or sanction that | ||
| violates the public policy described by Section 1510.003(a). | ||
| (b) The attorney general shall take all necessary action | ||
| authorized by Section 402.038, Government Code, to preserve the | ||
| rights described by Section 1510.003(a). | ||
| SECTION 2. Subchapter B, Chapter 402, Government Code, is | ||
| amended by adding Section 402.038 to read as follows: | ||
| Sec. 402.038. ENFORCEMENT OF HEALTH FREEDOM ACT. If a law | ||
| or rule or regulation that violates the public policy described by | ||
| Section 1510.003(a), Insurance Code, is enacted or adopted by any | ||
| governmental entity, including the federal government, a political | ||
| subdivision of this state, or a state or federal agency, the | ||
| attorney general shall take all necessary action to preserve the | ||
| rights described by Section 1510.003(a), Insurance Code, | ||
| including: | ||
| (1) seeking injunctive relief; and | ||
| (2) defending this state and state officers, | ||
| employees, and agencies. | ||
| SECTION 3. 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, 2013. | ||
