Bill Text: TX HB78 | 2021 | 87th Legislature 3rd Special Session | 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 7-0)
Status: (Introduced - Dead) 2021-09-17 - Filed [HB78 Detail]
Download: Texas-2021-HB78-Introduced.html
| By: Middleton | H.B. No. 78 | |
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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 794 to read as follows: | ||
| CHAPTER 794. IDENTIFICATION OF AND PROHIBITED COOPERATION WITH | ||
| CERTAIN UNCONSTITUTIONAL ACTS OF FEDERAL GOVERNMENT | ||
| Sec. 794.001. 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. 794.002. REVIEW OF EXECUTIVE ORDERS. (a) On the last | ||
| day of each month, the attorney general shall provide a written | ||
| report to the governor, the lieutenant governor, the 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) border security; | ||
| (ii) pandemics or other health emergencies; | ||
| (iii) the regulation of natural resources, | ||
| including coal and oil; | ||
| (iv) the regulation of the agriculture | ||
| industry; | ||
| (v) the use of land; | ||
| (vi) the regulation of the financial sector | ||
| as it relates to environmental, social, or governance standards; | ||
| (vii) the regulation of the constitutional | ||
| right to keep and bear arms; or | ||
| (viii) 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. 794.003. 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 | ||
| 794.002 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. 794.004. 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 794.003. | ||
| 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 on the 91st day after the last day of the | ||
| legislative session. | ||
