1 | 1 | | 81R1071 YDB-F |
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2 | 2 | | By: Berman H.J.R. No. 27 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A JOINT RESOLUTION |
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6 | 6 | | proposing a constitutional amendment to establish English as the |
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7 | 7 | | official language of Texas and require that official acts of |
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8 | 8 | | government be taken in English. |
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9 | 9 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. The Legislature finds and declares: |
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11 | 11 | | (1) the people of the United States have brought to |
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12 | 12 | | this nation the cultural heritage of many nations; |
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13 | 13 | | (2) the people of the United States, despite their |
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14 | 14 | | many differences, have lived together harmoniously and |
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15 | 15 | | productively as citizens of one nation; |
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16 | 16 | | (3) the traditional and common language of the United |
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17 | 17 | | States and of this state is English; |
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18 | 18 | | (4) a knowledge of the common language is essential to |
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19 | 19 | | full exercise of constitutional freedoms, informed and |
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20 | 20 | | knowledgeable empowerment as voters, citizen checks against |
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21 | 21 | | government abuses, individual prosperity, and independence; |
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22 | 22 | | (5) the English language has been our strongest bond |
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23 | 23 | | to one another as fellow citizens and has contributed substantially |
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24 | 24 | | to national unity and societal cohesiveness; |
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25 | 25 | | (6) English has been this nation's language by custom |
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26 | 26 | | only and warrants special legal protection; |
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27 | 27 | | (7) government has a fiduciary responsibility to the |
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28 | 28 | | citizenry to ensure that it operates as efficiently as possible, |
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29 | 29 | | and the growth of multiple language bureaucracies and printing |
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30 | 30 | | represents an abrogation of this fiduciary responsibility; and |
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31 | 31 | | (8) this state, its political subdivisions, and the |
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32 | 32 | | federal government have a responsibility to ensure that citizens |
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33 | 33 | | have opportunities to learn English. |
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34 | 34 | | SECTION 2. Article XVI, Texas Constitution, is amended by |
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35 | 35 | | adding Section 73 to read as follows: |
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36 | 36 | | Sec. 73. (a) In this section, "official act of government" |
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37 | 37 | | means: |
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38 | 38 | | (1) an action of this state or a political subdivision |
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39 | 39 | | of this state that carries the full weight and authority of law; or |
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40 | 40 | | (2) an official document recorded or maintained by |
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41 | 41 | | this state or a political subdivision of this state for the public |
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42 | 42 | | domain, including a tax record, professional license, deed, real |
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43 | 43 | | estate record, publicly probated will or other document of a court |
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44 | 44 | | system, or a public proceeding of a governing body of this state or |
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45 | 45 | | a political subdivision of this state. |
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46 | 46 | | (b) It is the purpose of this section to preserve, protect, |
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47 | 47 | | and strengthen the unifying role of English as the official |
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48 | 48 | | language of this state. |
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49 | 49 | | (c) English is the official language of this state and is |
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50 | 50 | | the language of official acts of government. |
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51 | 51 | | (d) This state or a political subdivision of this state may |
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52 | 52 | | not make any policy expressing a preference for any language other |
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53 | 53 | | than English or diminishing or ignoring the unifying role of |
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54 | 54 | | English as designated by this section, except as provided by |
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55 | 55 | | Subsection (f). |
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56 | 56 | | (e) An elected or appointed officer of this state or a |
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57 | 57 | | political subdivision of this state shall take all reasonable steps |
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58 | 58 | | to ensure that the role of English as the official language of this |
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59 | 59 | | state is preserved and enhanced. |
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60 | 60 | | (f) This section does not: |
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61 | 61 | | (1) supersede contrary provisions imposed under |
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62 | 62 | | federal law; |
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63 | 63 | | (2) prohibit the use of another language for the |
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64 | 64 | | public safety, health, or justice; |
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65 | 65 | | (3) prohibit instruction in foreign language courses; |
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66 | 66 | | (4) prohibit instruction designed to aid students with |
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67 | 67 | | limited English proficiency in their transition and integration |
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68 | 68 | | into the education system; or |
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69 | 69 | | (5) prohibit the promotion of international commerce |
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70 | 70 | | or tourism. |
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71 | 71 | | (g) The Legislature or a governing body of a political |
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72 | 72 | | subdivision of this state may not appropriate any money to promote |
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73 | 73 | | the use of or demonstrate a preference for any language other than |
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74 | 74 | | the official language, except as provided by Subsection (f). |
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75 | 75 | | (h) This section may not be: |
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76 | 76 | | (1) construed in any way to infringe on the rights of |
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77 | 77 | | citizens, who have every right to choose their own primary |
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78 | 78 | | language, in the use of language for private conduct; or |
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79 | 79 | | (2) used to dictate language policies for the |
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80 | 80 | | operation and administration of organizations or businesses in the |
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81 | 81 | | unregulated private sector. |
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82 | 82 | | SECTION 3. This proposed constitutional amendment shall be |
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83 | 83 | | submitted to the voters at an election to be held November 3, 2009. |
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84 | 84 | | The ballot shall be printed to permit voting for or against the |
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85 | 85 | | proposition: "The constitutional amendment to establish English as |
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86 | 86 | | the official language of Texas and to require that official acts of |
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87 | 87 | | government be taken in English." |
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