Bill Text: TX SB89 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the execution or enforcement of federal laws that violate the Bill of Rights of the Texas Constitution.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-01-24 - Referred to State Affairs [SB89 Detail]

Download: Texas-2017-SB89-Introduced.html
  85R1932 BEF-F
 
  By: Hall S.B. No. 89
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the execution or enforcement of federal laws that
  violate the Bill of Rights of the Texas Constitution.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle Z, Title 3, Government Code, is amended
  by adding Chapter 393 to read as follows:
  CHAPTER 393. FEDERAL LAWS THAT VIOLATE BILL OF RIGHTS OF TEXAS
  CONSTITUTION
         Sec. 393.001.  POLICY. It is the policy of this state to
  refuse to provide material support for, or to participate in the
  execution or enforcement of, any federal law that the legislature
  finds to violate the Bill of Rights of the Texas Constitution.
         Sec. 393.002.  DEFINITIONS. In this chapter:
               (1)  "Federal law" means any federal order, law,
  policy, rule, mandate, or agency regulation.
               (2)  "Provision, penalty, or sanction" includes a
  provision of federal law that provides a civil or criminal fine or
  penalty, an administrative penalty, a tax, a surcharge, or a fee, or
  for the suspension or revocation of a license, the suspension or
  revocation of the authority to engage in business in this state, the
  withholding or garnishment of a salary or wage, or any other action
  or consequence under the law.
         Sec. 393.003.  LEGISLATIVE FINDING OF VIOLATION;
  INTERPOSITION. (a)  The legislature, by a majority vote of all the
  members elected to each house, may find that a federal law violates
  Article I, Texas Constitution.
         (b)  The legislature may include in a finding under
  Subsection (a) the manner in which the legislature may interpose
  itself between the federal government and persons in this state to
  oppose the federal government in the execution and enforcement of
  the federal law.
         Sec. 393.004.  EXECUTION OR ENFORCEMENT OF FEDERAL LAW. A
  state agency or political subdivision, or an officer or employee of
  a state agency or political subdivision, may not execute or enforce
  a provision, penalty, or sanction provided by a federal law that the
  legislature has found under Section 393.003(a) to violate Article
  I, Texas Constitution.
         Sec. 393.005.  PETITION TO CONSIDER FEDERAL LAW. (a)  The
  legislature may make a preliminary determination that a federal law
  violates Article I, Texas Constitution, by written petition signed
  by a majority of all members elected to the senate and a majority of
  all members elected to the house of representatives.
         (b)  The members signing the petition shall deliver the
  petition to:
               (1)  the lieutenant governor and the speaker of the
  house of representatives, if the legislature is convened in regular
  or special session; or
               (2)  the governor, if the legislature is not convened
  in regular or special session.
         Sec. 393.006.  JOINT INTERIM COMMITTEE TO CONSIDER FEDERAL
  LAWS. (a)  At the close of each regular session of the legislature,
  the lieutenant governor shall appoint three senators and the
  speaker of the house of representatives shall appoint three members
  of the house of representatives to a joint interim committee to
  consider federal laws that may violate Article I, Texas
  Constitution.
         (b)  The lieutenant governor and speaker of the house of
  representatives shall each designate a co-chair from among the
  joint interim committee members.
         (c)  When the legislature is not convened in regular or
  special session, the joint interim committee shall meet at the
  joint call of the co-chairs to consider whether a federal law may
  violate Article I, Texas Constitution.
         (d)  The joint interim committee shall issue a written
  preliminary determination that a federal law violates Article I,
  Texas Constitution, if a majority of the members appointed to the
  committee vote in the affirmative.  The committee shall deliver the
  written preliminary determination to the governor.
         (e)  Joint interim committee members serve until the
  convening of the next regular session of the legislature.
         (f)  The lieutenant governor or the speaker of the house of
  representatives, as applicable, shall appoint a member to fill a
  vacancy in the committee.
         (g)  The joint interim committee has all other powers and
  duties provided to a special or select committee by the rules of the
  senate and house of representatives, by Subchapter B, Chapter 301,
  Government Code, and by policies of the senate and house committees
  on administration.
         Sec. 393.007.  CONVENING LEGISLATURE WHEN NOT IN SESSION TO
  CONSIDER FEDERAL LAWS. (a)  If the legislature is not otherwise
  convened in regular or special session, the governor shall convene
  a special session of the legislature not later than the 30th day
  after the date the governor receives:
               (1)  a written petition under Section 393.005; or
               (2)  a written preliminary determination under Section
  393.006.
         (b)  The governor shall include in the purposes of the
  special session consideration of federal laws that may violate
  Article I, Texas Constitution.
         Sec. 393.008.  CONSIDERATION OF FEDERAL LAW BY COMMITTEES OF
  THE WHOLE. (a)  The lieutenant governor shall convene a committee
  of the whole of the senate and the speaker of the house of
  representatives shall convene a committee of the whole of the house
  of representatives to consider federal laws that may violate
  Article I, Texas Constitution:
               (1)  not later than the fifth legislative day after the
  date a petition is delivered under Section 393.005(b)(1); or
               (2)  on the first day of a special session convened
  under Section 393.007.
         (b)  A committee of the whole may refer a federal law for
  consideration under Section 393.003 to the full senate or house of
  representatives, as applicable, on a majority vote of the members
  of the committee of the whole of that chamber present and voting.
         Sec. 393.009.  PRIORITY IN LEGISLATIVE ORDER OF BUSINESS.
  The lieutenant governor or the speaker of the house of
  representatives shall place consideration of a federal law under
  Section 393.003 ahead of any bills or resolutions in the chamber's
  order of business on the first full legislative day the federal law
  is eligible for consideration.
         SECTION 2.  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 September 1, 2017.
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