Texas House Bill HB149

Texas 2013 - 83rd Regular

• Filed: 11/12/12

Caption

Relating to the Texas Liberty Preservation Act; providing penalties.

Impact

If enacted, HB149 would have significant implications on the relationship between state and federal authorities, particularly around issues of civil liberties and law enforcement. The bill would amend the Texas Government Code, establishing a clear policy against providing material support for the enforcement of federal laws that permit indefinite detention without trial. This act is likely to be perceived as a challenge to federal authority, potentially setting the stage for conflict between state and federal law enforcement agencies regarding the interpretation and application of constitutional rights.

Summary

House Bill 149, known as the Texas Liberty Preservation Act, aims to assert state sovereignty in response to what it describes as unconstitutional federal overreach, particularly concerning the indefinite detention of individuals without due process as sanctioned by the National Defense Authorization Act of 2012. The bill specifically singles out Sections 1021 and 1022 of the Act, declaring them invalid and illegal within the state of Texas. It emphasizes the importance of the Tenth Amendment, which limits federal powers to only those explicitly delegated by the Constitution, reinforcing the notion that Texas has the right to reject federal mandates which it perceives as infringing upon individual liberties.

Contention

The proposed legislation has sparked debate among lawmakers and civil rights advocates. Proponents of the bill argue that it is necessary to protect Texas citizens from potential abuses of power by the federal government, particularly in the context of national security measures that could undermine personal freedoms. Critics, however, may argue that such a measure could create confusion regarding the enforcement of federal laws and potentially obstruct legitimate federal operations, especially in matters concerning national security. The bill raises essential questions about the balance of power and the definition of individual rights within the framework of both state and federal law.