Bill Text: TX HCR29 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Declaring that presidential executive orders cannot interfere with states' rights.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2017-03-30 - Left pending in committee [HCR29 Detail]

Download: Texas-2017-HCR29-Introduced.html
  85R107 EEY-D
 
  By: Bell H.C.R. No. 29
 
 
 
CONCURRENT RESOLUTION
         WHEREAS, The Tenth Amendment to the United States
  Constitution guarantees that "powers not delegated to the United
  States by the Constitution, nor prohibited by it to the states, are
  reserved to the states respectively, or to the people"; and
         WHEREAS, The amendment, found within the Bill of Rights,
  defines the balance of power between the federal government and the
  states, authorizing the federal government to exercise only those
  functions delegated to it within the Constitution; and
         WHEREAS, In recent years, the federal government has
  increasingly relied on presidential executive orders to dictate
  policy while bypassing the demand for congressional consent; such
  unilateral edicts not only circumvent the legislative process and
  subvert our system of representative democracy, but also undermine
  the constitutionally protected doctrine of states' rights; and
         WHEREAS, The Texas Constitution affirms that Texas is a free
  and independent state subject only to the supremacy of the U.S.
  Constitution, and accordingly, neither the State of Texas nor its
  people are bound by laws enacted outside the scope of authorized
  executive power; now, therefore, be it
         RESOLVED, That the 85th Legislature of the State of Texas
  hereby declare that presidential executive orders have no state
  constitutional authority and cannot interfere with states' rights;
  and, be it further
         RESOLVED, That the 85th Texas Legislature hereby declare that
  presidential executive orders are not state government mandates and
  therefore should not and will not be treated as such by state
  agencies; moreover, executive orders are not mandates that may
  regulate the behavior or abrogate the rights and freedoms enjoyed
  by Texas citizens; and, be it further
         RESOLVED, That the Texas secretary of state forward copies of
  this resolution to the governor of the State of Texas, to the chairs
  of all state regulatory boards, and to the executive directors of
  all state executive agencies; and, be it further
         RESOLVED, That the Texas secretary of state forward official
  copies of this resolution to the president of the United States, to
  the president of the Senate and the speaker of the House of
  Representatives of the United States Congress, and to all the
  members of the Texas delegation to Congress with the request that
  this resolution be officially entered in the Congressional Record
  as a memorial to the Congress of the United States of America.
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