Bill Text: TX HB97 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to creation of the Health Freedom Act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-17 - Left pending in committee [HB97 Detail]
Download: Texas-2011-HB97-Introduced.html
82R1003 PMO-F | ||
By: Paxton | H.B. No. 97 |
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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 1509 to read as follows: | ||
CHAPTER 1509. HEALTH FREEDOM ACT | ||
Sec. 1509.001. SHORT TITLE. This chapter may be cited as | ||
the Health Freedom Act. | ||
Sec. 1509.002. DEFINITIONS. 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. 1509.003. STATEMENT OF PUBLIC POLICY; CONSTRUCTION | ||
WITH OTHER LAW. (a) The power to require an individual to ensure | ||
that the individual, and any dependent of the individual, is | ||
covered by health insurance coverage, or to impose a penalty or | ||
sanction for the failure to ensure that coverage, is not found in | ||
the Constitution of the United States of America and is a power | ||
reserved to the people under the Ninth Amendment and to the several | ||
states under the Tenth Amendment. | ||
(b) 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. | ||
(c) This section may not be construed to impair any right of | ||
contract related to the provision of health insurance coverage to | ||
any individual or group. | ||
Sec. 1509.004. ENFORCEMENT. (a) A state agency, public | ||
official, 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 | ||
1509.003(b). | ||
(b) The attorney general shall take all necessary action to | ||
preserve the rights described by Section 1509.003(b) in the manner | ||
provided by Section 402.036, Government Code. | ||
SECTION 2. Subchapter B, Chapter 402, Government Code, is | ||
amended by adding Section 402.036 to read as follows: | ||
Sec. 402.036. ENFORCEMENT OF HEALTH FREEDOM ACT. If a law | ||
or regulation that violates the public policy of the Health Freedom | ||
Act (Chapter 1509, Insurance Code) is enacted by any government, | ||
including the federal government of the United States of America, | ||
or any governmental subdivision or agency, the attorney general | ||
shall take all necessary action to preserve the rights described by | ||
Section 1509.003(b), Insurance Code, including: | ||
(1) seeking injunctive relief; and | ||
(2) defending this state and state officials, | ||
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 on the 91st day after the last day of the | ||
legislative session. |