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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Balance of Powers Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) This Act shall be known as the Texas Balance |
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of Powers Act. |
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(b) The legislature finds that: |
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(1) The people of the several states comprising the |
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United States of America created the federal government to be their |
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agent for certain enumerated purposes and nothing more. |
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(2) The Tenth Amendment to the United States |
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Constitution defines the total scope of federal power as including |
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only those powers specifically delegated by the Constitution to the |
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federal government. Those powers not explicitly delegated by the |
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Constitution to the federal government are reserved to the states |
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or to the people themselves. |
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(3) Each power delegated to the federal government by |
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the United States Constitution encompasses only that power as it |
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was understood at the time it was delegated, subject only to an |
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expansion or limitation of that power by a subsequent amendment to |
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the Constitution. |
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(4) The United States Constitution authorizes the |
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United States Congress to exercise only those powers enumerated in |
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Section 8, Article I, of the Constitution, as well as certain other |
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powers delegated to Congress by subsequent amendments to the |
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Constitution. Article VI of the Constitution makes supreme the |
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Constitution and federal laws enacted pursuant to the Constitution, |
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further requiring that public officials at all levels and in all |
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branches of government support the Constitution. |
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(5) Paragraph 3, Section 8, Article I, of the United |
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States Constitution delegates to the United States Congress only |
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the specific power to regulate commerce with "foreign nations, and |
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among the several states, and with Indian tribes." This provision |
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was never intended to authorize the federal government to assume |
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any power beyond the regulation of transactions in those three |
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specific categories. Through vastly distorted interpretations of |
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the meaning of the Commerce Clause not authorized by the |
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Constitution or an amendment to the Constitution, the legislative, |
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executive, and judicial branches of the federal government have |
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adopted and implemented countless measures not authorized by the |
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language or original intent of the clause, many of which usurp the |
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duties and responsibilities reserved to the states by the Tenth |
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Amendment. |
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(6) Paragraph 1, Section 8, Article I, of the United |
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States Constitution delegates to the United States Congress the |
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power to pay the debts and provide for the common defense and |
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general welfare of the United States. The General Welfare Clause |
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was intended and understood to ensure that Congress, when |
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exercising an enumerated power, does so in a manner that serves all |
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states generally, and no state or person singularly. |
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(7) The final paragraph of Section 8, Article I, of the |
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United States Constitution delegates to the United States Congress |
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the limited power to make laws "necessary and proper" to carry into |
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execution the powers delegated by the Constitution to the United |
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States government. Using this clause to expand federal power beyond |
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specifically enumerated powers granted by the Constitution |
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violates the plain language and original intent of that clause. |
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(8) The constitutional limitation on the scope of |
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federal power and the reservation of other powers to the states or |
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to the people are matters of contract between this state and its |
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people, and the United States, as of the date this state was |
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admitted to the United States of America. |
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(9) The federal government has acted in a manner |
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inconsistent with the language, intent, and spirit of the United |
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States Constitution in direct violation of the Constitution and the |
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contract between this state and its people, and the United States. |
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This state rejects the unauthorized and excessive abuse of power by |
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the federal government that infringes on the rights of this state |
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and its people and that unconstitutionally undermines, diminishes, |
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and disregards the balance of powers between the states and the |
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federal government established by the Constitution. |
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(c) In accordance with the United States Constitution, the |
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federal government is denied by this state the power to take any |
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legislative, executive, or judicial action that violates the |
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Constitution, specifically including those actions that |
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unconstitutionally undermine, diminish, or disregard the balance |
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of powers between the states and the federal government established |
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by the Constitution. |
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(d) This Act serves as notice from this state to the federal |
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government to cease and desist any and all unconstitutional |
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activities that are outside the scope of the power delegated to it |
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by the United States Constitution, including those activities that |
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unconstitutionally undermine, diminish, or disregard the balance |
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of powers between the states and the federal government established |
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by the Constitution. |
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(e) This Act calls on all state and local officials, |
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especially members of law enforcement, prosecutors, members of |
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local governing bodies, the attorney general, and the governor to |
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honor their oath to preserve, protect, and defend the United States |
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Constitution, based on the original intent of that document unless |
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modified by subsequent constitutional amendment, and as such to |
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stop unconstitutional federal actions. |
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(f) This state and its people retain their sovereign power |
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to regulate the affairs of this state, subject only to the |
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limitations prescribed by the United States Constitution. |
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SECTION 2. Subtitle Z, Title 3, Government Code, is amended |
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by adding Chapter 393 to read as follows: |
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CHAPTER 393. ENFORCEMENT OF THE CONSTITUTION |
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Sec. 393.001. DEFINITIONS. In this chapter: |
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(1) "Committee" means the Joint Legislative Committee |
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on Constitutional Powers and Enforcement. |
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(2) "Federal action" includes: |
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(A) a federal law; |
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(B) a federal agency rule, policy, or standard; |
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(C) an executive order of the president of the |
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United States; |
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(D) an order of a federal court; and |
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(E) the making or enforcing of a treaty. |
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(3) "Unconstitutional federal action" means a federal |
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action enacted, adopted, or implemented without authority |
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specifically delegated to the federal government by the people and |
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the states through the United States Constitution. |
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Sec. 393.002. JOINT LEGISLATIVE COMMITTEE ON |
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CONSTITUTIONAL POWERS AND ENFORCEMENT. (a) The Joint Legislative |
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Committee on Constitutional Powers and Enforcement is established |
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as a permanent joint committee of the legislature. |
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(b) The committee consists of the following 14 members: |
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(1) seven members of the house of representatives |
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appointed by the speaker of the house; and |
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(2) seven members of the senate appointed by the |
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lieutenant governor. |
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(c) Not more than four house members of the committee and |
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four senate members of the committee may be members of the same |
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political party. |
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(d) Members of the committee serve two-year terms beginning |
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with the convening of each regular legislative session. |
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(e) If a vacancy occurs on the committee, the appropriate |
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appointing officer shall appoint a member of the house or senate, as |
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appropriate, to serve for the remainder of the unexpired term. |
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(f) The speaker of the house and the lieutenant governor |
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shall each designate one member of the committee as a joint chair of |
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the committee. |
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(g) The committee shall meet at the call of either joint |
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chair. |
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(h) A majority of the members of the committee constitute a |
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quorum. |
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Sec. 393.003. COMMITTEE REVIEW OF FEDERAL ACTION. (a) The |
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committee may review any federal action to determine whether the |
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action is an unconstitutional federal action. |
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(b) Not later than the 180th day after the date the |
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committee holds its first public hearing to review a specific |
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federal action, the committee shall vote to determine whether the |
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action is an unconstitutional federal action. |
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(c) The committee may determine that a federal action is an |
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unconstitutional federal action by majority vote. |
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(d) The committee shall report to the governor and the |
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attorney general each federal action that the committee determines |
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to be an unconstitutional federal action. The committee may include |
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in the report one or more effective and constitutional ways to |
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prevent the application of the federal action in this state. |
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(e) Not later than December 1 of each even-numbered year, |
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the committee shall submit a report to the speaker of the house of |
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representatives and the lieutenant governor that lists each federal |
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action determined by the committee to be an unconstitutional |
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federal action since the committee's previous report. The committee |
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shall include in the report one or more recommendations for |
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effective and constitutional legislative responses to the federal |
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action. |
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Sec. 393.004. ATTORNEY GENERAL ACTION. The attorney |
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general may represent this state or a political subdivision of this |
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state in an action regarding the refusal or failure of the state or |
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the political subdivision to participate in the implementation or |
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enforcement of an unconstitutional federal action. |
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SECTION 3. (a) Not later than the 30th day following the |
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effective date of this Act: |
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(1) the speaker of the house of representatives and |
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the lieutenant governor shall appoint the initial members of the |
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Joint Legislative Committee on Constitutional Powers and |
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Enforcement established under Section 393.002, Government Code, as |
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added by this Act; and |
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(2) the secretary of state shall forward official |
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copies of this Act to the president of the United States, to the |
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speaker of the House of Representatives and the president of the |
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Senate of the Congress of the United States, and to all members of |
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the Texas delegation to Congress with the request that this Act be |
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officially entered in the Congressional Record. |
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(b) Not later than the 45th day following the effective date |
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of this Act, the speaker of the house of representatives and the |
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lieutenant governor shall forward official copies of this Act to |
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the presiding officers of the legislatures of the several states. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |