Texas 2009 - 81st Regular

Texas House Bill HB4440 Compare Versions

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11 81R4635 JSA-D
22 By: Kolkhorst H.B. No. 4440
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to a study by the attorney general of the effects on state
88 law and authority of certain international and other agreements and
99 bodies.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. (a) The attorney general shall conduct a study
1212 to determine whether the law of this state or the legislative
1313 authority of the Texas Legislature is or may be restricted,
1414 nullified, superseded, preempted, or otherwise directly affected
1515 by:
1616 (1) any existing or proposed compact, agreement, or
1717 other arrangement between the United States, this state, or a
1818 political subdivision of this state and a foreign governmental
1919 entity, including a foreign state or local governmental entity;
2020 (2) any international organization, including a
2121 nonprofit corporation, consisting of public or private entities
2222 from the United States and any other nation or nations, acting in
2323 coordination with a federal, state, or local government, or with a
2424 stated purpose of influencing governmental action or public policy;
2525 and
2626 (3) any foreign or international body acting in
2727 connection with or under the authority of a compact, agreement, or
2828 other arrangement described by Subdivision (1) of this subsection,
2929 through any means including legislative or administrative action,
3030 judicial or quasijudicial decision, order, rule, regulation, or
3131 other action.
3232 (b) In conducting the study, the attorney general shall
3333 investigate and report whether any entity described by Subsection
3434 (a)(2) or (3) of this section has attempted, formally or
3535 informally, to restrict, nullify, supersede, preempt, or otherwise
3636 directly affect the law or policy of this state or the authority of
3737 any state or local governmental body in this state.
3838 (c) In conducting the study, the attorney general shall
3939 include consideration of the following:
4040 (1) The North American Free Trade Agreement (NAFTA)
4141 and any entity created under or in connection with the agreement;
4242 (2) the Security and Prosperity Partnership of North
4343 America (SPP) and any entity created under or in connection with the
4444 agreement, including the North American Competitiveness Council
4545 (NACC);
4646 (3) the World Trade Organization (WTO) and any
4747 associated agreements;
4848 (4) the General Agreement on Trade in Services (GATS)
4949 and any entity created under or in connection with the agreement;
5050 (5) the United Nations and any associated entities and
5151 agreements; and
5252 (6) North America's SuperCorridor Coalition, Inc.
5353 (NASCO).
5454 (d) The attorney general may enter into an agreement or
5555 other arrangement with a law school at a public institution of
5656 higher education in this state under which the attorney general may
5757 make use of the resources and personnel of the law school in
5858 conducting the study.
5959 (e) Not later than December 1, 2010, the attorney general
6060 shall prepare a report of the findings of the study and provide a
6161 copy of the report to each member of the legislature.
6262 SECTION 2. This Act takes effect immediately if it receives
6363 a vote of two-thirds of all the members elected to each house, as
6464 provided by Section 39, Article III, Texas Constitution. If this
6565 Act does not receive the vote necessary for immediate effect, this
6666 Act takes effect September 1, 2009.