Bill Text: TX HCR32 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Urging Congress and the U.S. Department of Health and Human Services to cease imposing contraception mandates on private businesses.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2013-04-10 - Left pending in committee [HCR32 Detail]

Download: Texas-2013-HCR32-Introduced.html

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By: Stickland H.C.R. No. 32

HOUSE CONCURRENT RESOLUTION
WHEREAS, Under §1001(5) of The Patient Protection And
Affordable Care Act, commonly referred to as "Obamacare,"
nongrandfathered group health plans must cover certain preventive
health services including various preventive services for women as
provided in guidelines issued by the Health Resources Services
Administration (HRSA), a component of the Federal Department of
Health and Human Services; and
WHEREAS, HRSA's guidelines for women's preventive services
require businesses and organizations to cover "all Food and Drug
Administration approved contraceptive methods, sterilization
procedures, and patient education and counseling for all women with
reproductive capacity as prescribed by a provider;" this standard
requires coverage of "emergency contraceptives" such as the
"morning after pill," also known as "Plan B" and the "week after
pill" also known as "Ella," which many evangelical leaders consider
abortion-inducing drugs; and
WHEREAS, Businesses which refuse to comply with the
requirements imposed by the Federal Department of Health and Human
Services through The Patient Protection And Affordable Care Act may
be subject to tax penalties of $100 per employee per day; and
WHEREAS, No fewer than 110 plaintiffs including religious
organizations, universities, and closely held private businesses
have filed 43 independent cases against the Secretary of the
Federal Department of Health and Human Services, Kathleen Sebelius,
seeking injunctions against requirements of the act which the
plaintiffs believe would violate their religious conscience,
specifically their religiously-based opposition to abortion; and
WHEREAS, The Federal Department of Health and Human Services
and the Barack Obama Administration have refused to provide an
exemption for religiously-based businesses and organizations to
the contraception provision requirements of The Patient Protection
And Affordable Care Act; and
WHEREAS, The Barack Obama Administration threatens privately
held businesses with crippling tax penalties if their owners refuse
to violate their religious consciences by providing the offending
contraception pills and procedures; and
WHEREAS, The largest privately held business to publicly
state its unwillingness to abide by the requirements of The Patient
Protection And Affordable Care Act as prescribed by the Federal
Department of Health and Human Services is Hobby Lobby Stores Inc.,
a privately held retail chain with more than 500 arts and crafts
stores in 41 states, including Texas; and
WHEREAS, The owners of Hobby Lobby state that "the foundation
of [their] business has been, and will continue to be strong values,
and honoring the Lord in a manner consistent with Biblical
principles," and
WHEREAS, The owners of Hobby Lobby have described the Federal
Department of Health and Human Services contraception mandate as a
"poison pill" which they are willing to swallow, regardless of the
financial consequences to their business, in order to avoid
abandoning their religious faith and consciences; and
WHEREAS, With 13,000 employees, Hobby Lobby may soon be
subjected to crippling tax penalties of up to 1.3 million dollars
per day; and
WHEREAS, Religious freedom is a cornerstone of American
liberty and is enshrined in the First Amendment in the Bill of
Rights of the Constitution of the United States of America and is
further protected under the Religious Freedom Restoration Act of
1993 which states that "government shall not substantially burden a
person's exercise of religion even if the burden results from a rule
of general applicability;" now, therefore be it
RESOLVED, That the 83rd Legislature of the State of Texas
concludes that the contraception requirements imposed on
closely-held religiously-based private businesses such as Hobby
Lobby and other religiously-based businesses and organizations by
the by the Federal Department of Health and Human Services through
The Patient Protection And Affordable Care Act violate the
Constitution of the United States of America and other federal
laws; that this legislature concludes that the crippling tax
penalties threatened by the Federal Department of Health and Human
Services are unconscionable and contradictory to the basic
principles of this nation's founding; and, be it further
RESOLVED, That the State of Texas refuses to assist the
Federal Government in enforcing unconstitutional laws and
regulations and this Legislature urges other states and other
government officials to uphold their oaths to the Constitution and
do the same; and, be it further
RESOLVED, That this Legislature calls on Congress and the
Federal Department of Health and Human Services to cease imposing
contraception mandates on private businesses and, barring that,
provide an exemption to religiously-based businesses and
organizations which hold a religious objection to providing
contraceptive pills and procedures; and, be it further
RESOLVED, That until such time as the Federal Government
ceases to impose contraception mandates or provides an exemption
for religiously-based businesses, the State of Texas will do
everything in its power to protect the religious liberties of Texas
businesses and citizens; and, be it further
RESOLVED, That the Texas secretary of state forward official
copies of this resolution to the president of the United States, the
secretary of the Federal Department of Health and Human Services,
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 the 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.