Bill Text: TX SJR7 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Proposing a constitutional amendment regarding 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) 2017-01-25 - Referred to State Affairs [SJR7 Detail]
Download: Texas-2017-SJR7-Introduced.html
85R3164 BEF-F | ||
By: Hall | S.J.R. No. 7 |
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proposing a constitutional amendment regarding the execution or | ||
enforcement of federal laws that violate the Bill of Rights of the | ||
Texas Constitution. | ||
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The Texas Constitution is amended by adding | ||
Article XVIII to read as follows: | ||
ARTICLE XVIII | ||
Sec. 1. 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 this constitution. | ||
Sec. 2. In this article: | ||
(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. 3. (a) The legislature, by a majority vote of all the | ||
members elected to each house, may find that a federal law violates | ||
Article I. | ||
(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. 4. 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 3(a) | ||
to violate Article I. | ||
Sec. 5. (a) The legislature may make a preliminary | ||
determination that a federal law violates Article I 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. 6. (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. | ||
(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. | ||
(d) The joint interim committee shall issue a written | ||
preliminary determination that a federal law violates Article I 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 senate and house of representatives may adopt joint | ||
rules governing the operation of the joint interim committee. | ||
Sec. 7. (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 5; or | ||
(2) a written preliminary determination under Section | ||
6. | ||
(b) The governor shall include in the purposes of the | ||
special session consideration of federal laws that may violate | ||
Article I. | ||
Sec. 8. (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: | ||
(1) not later than the fifth legislative day after the | ||
date a petition is delivered under Section 5(b)(1); or | ||
(2) on the first day of a special session convened | ||
under Section 7. | ||
(b) A committee of the whole may refer a federal law for | ||
consideration under Section 3 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. 9. The lieutenant governor or the speaker of the house | ||
of representatives shall place consideration of a federal law under | ||
Section 3 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 proposed constitutional amendment shall be | ||
submitted to the voters at an election to be held November 7, 2017. | ||
The ballot shall be printed to provide for voting for or against the | ||
proposition: "The constitutional amendment regarding the execution | ||
or enforcement of federal laws that violate the Bill of Rights of | ||
the Texas Constitution." |