Bill Text: TX HB4522 | 2021-2022 | 87th Legislature | 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-29 - Referred to State Affairs [HB4522 Detail]
Download: Texas-2021-HB4522-Introduced.html
By: Swanson | H.B. No. 4522 |
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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) 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; | ||
(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 to: | ||
(A) violate the rights guaranteed to the citizens | ||
of the United States by the United States Constitution; or | ||
(B) 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. 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: | ||
(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, 2021. |