Bill Text: TX HB5 | 2013 | 83rd Legislature 3rd Special Session | Introduced

Texas House Bill 5 (Prior Session Legislation)

Introduced

Bill Title: Relating to the Texas Liberty Preservation Act; providing penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-07-31 - Filed [HB5 Detail]

Download: Texas-2013-HB5-Introduced.html



	By: Larson	H.B. No. 5



	A BILL TO BE ENTITLED
	AN ACT
	relating to the Texas Liberty Preservation Act; providing
	penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. (a) This Act shall be known as the Texas Liberty
	Preservation Act.
	(b) The legislature finds that:
	(1) the Tenth Amendment to the United States
	Constitution authorizes the United States federal government to
	exercise only those powers specifically delegated to it under
	Article I, Section 8, United States Constitution;
	(2) the guaranty of the constitutional limitations on
	federal power is a matter of contract between the several states,
	including the State of Texas, and the federal government at the time
	the United States Constitution was ratified and subsequently
	amended by the Bill of Rights;
	(3) Article VI, United States Constitution, provides
	that the laws of the United States federal government are the
	supreme law of the land only if those laws are adopted in accordance
	with the powers delegated to the federal government in the United
	States Constitution;
	(4) the President of the United States has asserted
	that the Authorization for the Use of Military Force (Pub. L. No.
	107-40), enacted in 2001, authorizes the president to indefinitely
	detain, without charge, any person, including a citizen of the
	United States or a lawful resident alien, regardless of whether the
	person is apprehended inside or outside the borders of the United
	States;
	(5) Sections 1021 and 1022 of the National Defense
	Authorization Act for Fiscal Year 2012 (Pub. L. No. 112-81)
	authorize:
	(A) indefinite detention of persons apprehended
	within the United States without charge or trial;
	(B) prosecution by military tribunals under the
	law of war for persons apprehended within the United States; and
	(C) transfer of persons apprehended within the
	United States to foreign jurisdictions;
	(6) in authorizing the actions described by
	Subdivision (5) of this subsection, Sections 1021 and 1022 of the
	National Defense Authorization Act for Fiscal Year 2012 (Pub. L.
	No. 112-81) are inimical to the liberty, security, and well-being
	of the citizens of the State of Texas by violating:
	(A) the Texas Constitution;
	(B) the limits of federal power authorized by
	Article I, Section 8, United States Constitution;
	(C) the legal doctrine of Posse Comitatus under
	18 U.S.C. Section 1385 by authorizing the armed forces of the United
	States to police the United States; and
	(D) the following provisions of the United States
	Constitution:
	(i) Article I, Section 9, Clause 2
	(ensuring the right to seek a habeas corpus);
	(ii) the First Amendment (ensuring the
	right to petition the federal government for the redress of
	grievances);
	(iii) the Fourth Amendment (ensuring the
	right to be free from unreasonable search and seizure);
	(iv) the Fifth Amendment (requiring capital
	or infamous crimes to be brought before a grand jury before charging
	the defendant and prohibiting deprivation of life, liberty, or
	property without due process of law);
	(v) the Sixth Amendment (ensuring the right
	to a speedy trial by an impartial jury in the state or district
	where the offense was alleged to have been committed, the right to
	be informed of the nature and cause of accusations and charges
	levied, the right to retain legal counsel, and the right to confront
	witnesses);
	(vi) the Eighth Amendment (prohibiting
	excessive bail and fines and prohibiting cruel and unusual
	punishment); and
	(vii) the Fourteenth Amendment
	(prohibiting deprivation of life, liberty, or property without due
	process of law); and
	(7) the actions described by Subdivision (5) of this
	subsection as authorized by Sections 1021 and 1022 of the National
	Defense Authorization Act for Fiscal Year 2012 (Pub. L. No.
	112-81), and the enforcement of those actions, are illegal within
	this state.
	SECTION 2. Chapter 421, Government Code, is amended by
	adding Subchapter G to read as follows:
	SUBCHAPTER G. TEXAS LIBERTY PRESERVATION ACT
	Sec. 421.101. CERTAIN PORTIONS OF THE FEDERAL NATIONAL
	DEFENSE AUTHORIZATION ACT OF 2012 INVALID. Sections 1021 and 1022
	of the National Defense Authorization Act for Fiscal Year 2012
	(Pub. L. No. 112-81) violate portions of federal law, the United
	States Constitution, and the Texas Constitution and, as such, are
	invalid and illegal in this state.
	Sec. 421.102. POLICY; VIOLATION OF SUBCHAPTER. It is the
	policy of this state to refuse to provide material support for or to
	participate in any way with the implementation within this state of
	Sections 1021 and 1022 of the National Defense Authorization Act
	for Fiscal Year 2012 (Pub. L. No. 112-81). Any act to enforce or
	attempt to enforce those laws is in violation of this subchapter.
	Sec. 421.103. OFFENSES; PENALTIES. (a) A person who is an
	official, agent, or employee of the United States or an employee of
	a corporation providing services to the United States commits an
	offense if the person enforces or attempts to enforce a statute, a
	rule or regulation, an order, or any law of the United States in
	violation of this subchapter.
	(b) An offense under Subsection (a) is a Class A misdemeanor
	punishable by confinement for a term not to exceed one year, a fine
	of not more than $10,000, or both the confinement and the fine.
	(c) A person who is a public officer or employee of this
	state commits an offense if that person enforces or attempts to
	enforce a statute, a rule or regulation, an order, or any law of the
	United States in violation of this subchapter.
	(d) An offense under Subsection (c) is a Class B misdemeanor
	punishable by confinement for a term not to exceed 180 days, a fine
	of not more than $5,000, or both the confinement and the fine.
	Sec. 421.104. REPORT. The Texas Department of Public
	Safety shall report to the governor and the legislature any attempt
	by the federal government to implement Section 1021 or 1022 of the
	National Defense Authorization Act for Fiscal Year 2012 (Pub. L.
	No. 112-81) through the Texas Department of Public Safety or
	another state agency.
	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 on the 91st day after the last day of the
	legislative session.