Bill Text: TX HJR38 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Proposing a constitutional amendment to establish English as the official language of Texas and require that official acts of government be performed in English.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-21 - Referred to State Affairs [HJR38 Detail]
Download: Texas-2011-HJR38-Introduced.html
82R367 YDB-F | ||
By: Berman | H.J.R. No. 38 |
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proposing a constitutional amendment to establish English as the | ||
official language of Texas and require that official acts of | ||
government be performed in English. | ||
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The Legislature finds and declares: | ||
(1) the people of the United States have brought to | ||
this nation the cultural heritage of many nations; | ||
(2) the people of the United States, despite their | ||
many differences, have lived together harmoniously and | ||
productively as citizens of one nation; | ||
(3) the traditional and common language of the United | ||
States and of this state is English; | ||
(4) a knowledge of the common language is essential to | ||
the full exercise of constitutional freedoms, the informed and | ||
knowledgeable empowerment of voters, citizen checks against | ||
government abuses, individual prosperity, and independence; | ||
(5) the English language has been the strongest bond | ||
among citizens of this nation and has contributed substantially to | ||
national unity and societal cohesiveness; | ||
(6) English has been this nation's language by custom | ||
only and warrants special legal protection; | ||
(7) government has a fiduciary responsibility to the | ||
citizenry to ensure that it operates as efficiently as possible, | ||
and the growth of multiple language bureaucracies and printing | ||
represents an abrogation of this fiduciary responsibility; and | ||
(8) this state, its political subdivisions, and the | ||
federal government have a responsibility to ensure that citizens | ||
have opportunities to learn English. | ||
SECTION 2. Article XVI, Texas Constitution, is amended by | ||
adding Section 74 to read as follows: | ||
Sec. 74. (a) In this section, "official act of government" | ||
means: | ||
(1) an action of this state or a political subdivision | ||
of this state that carries the full weight and authority of law; | ||
(2) an official document recorded or first maintained | ||
on or after December 1, 2011, by this state or a political | ||
subdivision of this state for the public domain, including a tax | ||
record, professional license, deed, real estate record, or publicly | ||
probated will or other document of a court system; or | ||
(3) a public proceeding of a governing body of this | ||
state or a political subdivision of this state held on or after | ||
December 1, 2011. | ||
(b) It is the purpose of this section to preserve, protect, | ||
and strengthen the unifying role of English as the official | ||
language of this state. | ||
(c) English is the official language of this state and is | ||
the language of official acts of government. | ||
(d) This state or a political subdivision of this state may | ||
not make any policy expressing a preference for any language other | ||
than English or diminishing or ignoring the unifying role of | ||
English as designated by this section, except as provided by | ||
Subsection (f). | ||
(e) An elected or appointed officer of this state or a | ||
political subdivision of this state shall take all reasonable steps | ||
to ensure that the role of English as the official language of this | ||
state is preserved and enhanced. | ||
(f) This section does not: | ||
(1) supersede contrary provisions imposed under | ||
federal law; | ||
(2) prohibit the use of another language for the | ||
public safety, health, or justice; | ||
(3) prohibit instruction in foreign language courses; | ||
(4) prohibit instruction designed to aid students with | ||
limited English proficiency in their transition and integration | ||
into the education system; | ||
(5) prohibit the promotion of international commerce | ||
or tourism; or | ||
(6) prohibit a court or an administrative agency from | ||
admitting into evidence or relying on a record that is from another | ||
jurisdiction and originally written in another language, if the | ||
court or agency determines the record is necessary for a proceeding | ||
or hearing. | ||
(g) The Legislature or a governing body of a political | ||
subdivision of this state may not appropriate any money to promote | ||
the use of or demonstrate a preference for any language other than | ||
the official language, except as provided by Subsection (f). | ||
(h) This section may not be: | ||
(1) construed in any way to infringe on the rights of | ||
citizens, who have every right to choose their own primary | ||
language, in the use of language for private conduct; or | ||
(2) used to dictate language policies for the | ||
operation and administration of organizations or businesses in the | ||
private sector. | ||
SECTION 3. This proposed constitutional amendment shall be | ||
submitted to the voters at an election to be held November 8, 2011. | ||
The ballot shall be printed to permit voting for or against the | ||
proposition: "The constitutional amendment to establish English as | ||
the official language of Texas and to require that official acts of | ||
government be performed in English." |