Texas 2009 - 81st Regular

Texas House Bill HJR27 Compare Versions

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11 81R1071 YDB-F
22 By: Berman H.J.R. No. 27
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55 A JOINT RESOLUTION
66 proposing a constitutional amendment to establish English as the
77 official language of Texas and require that official acts of
88 government be taken in English.
99 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. The Legislature finds and declares:
1111 (1) the people of the United States have brought to
1212 this nation the cultural heritage of many nations;
1313 (2) the people of the United States, despite their
1414 many differences, have lived together harmoniously and
1515 productively as citizens of one nation;
1616 (3) the traditional and common language of the United
1717 States and of this state is English;
1818 (4) a knowledge of the common language is essential to
1919 full exercise of constitutional freedoms, informed and
2020 knowledgeable empowerment as voters, citizen checks against
2121 government abuses, individual prosperity, and independence;
2222 (5) the English language has been our strongest bond
2323 to one another as fellow citizens and has contributed substantially
2424 to national unity and societal cohesiveness;
2525 (6) English has been this nation's language by custom
2626 only and warrants special legal protection;
2727 (7) government has a fiduciary responsibility to the
2828 citizenry to ensure that it operates as efficiently as possible,
2929 and the growth of multiple language bureaucracies and printing
3030 represents an abrogation of this fiduciary responsibility; and
3131 (8) this state, its political subdivisions, and the
3232 federal government have a responsibility to ensure that citizens
3333 have opportunities to learn English.
3434 SECTION 2. Article XVI, Texas Constitution, is amended by
3535 adding Section 73 to read as follows:
3636 Sec. 73. (a) In this section, "official act of government"
3737 means:
3838 (1) an action of this state or a political subdivision
3939 of this state that carries the full weight and authority of law; or
4040 (2) an official document recorded or maintained by
4141 this state or a political subdivision of this state for the public
4242 domain, including a tax record, professional license, deed, real
4343 estate record, publicly probated will or other document of a court
4444 system, or a public proceeding of a governing body of this state or
4545 a political subdivision of this state.
4646 (b) It is the purpose of this section to preserve, protect,
4747 and strengthen the unifying role of English as the official
4848 language of this state.
4949 (c) English is the official language of this state and is
5050 the language of official acts of government.
5151 (d) This state or a political subdivision of this state may
5252 not make any policy expressing a preference for any language other
5353 than English or diminishing or ignoring the unifying role of
5454 English as designated by this section, except as provided by
5555 Subsection (f).
5656 (e) An elected or appointed officer of this state or a
5757 political subdivision of this state shall take all reasonable steps
5858 to ensure that the role of English as the official language of this
5959 state is preserved and enhanced.
6060 (f) This section does not:
6161 (1) supersede contrary provisions imposed under
6262 federal law;
6363 (2) prohibit the use of another language for the
6464 public safety, health, or justice;
6565 (3) prohibit instruction in foreign language courses;
6666 (4) prohibit instruction designed to aid students with
6767 limited English proficiency in their transition and integration
6868 into the education system; or
6969 (5) prohibit the promotion of international commerce
7070 or tourism.
7171 (g) The Legislature or a governing body of a political
7272 subdivision of this state may not appropriate any money to promote
7373 the use of or demonstrate a preference for any language other than
7474 the official language, except as provided by Subsection (f).
7575 (h) This section may not be:
7676 (1) construed in any way to infringe on the rights of
7777 citizens, who have every right to choose their own primary
7878 language, in the use of language for private conduct; or
7979 (2) used to dictate language policies for the
8080 operation and administration of organizations or businesses in the
8181 unregulated private sector.
8282 SECTION 3. This proposed constitutional amendment shall be
8383 submitted to the voters at an election to be held November 3, 2009.
8484 The ballot shall be printed to permit voting for or against the
8585 proposition: "The constitutional amendment to establish English as
8686 the official language of Texas and to require that official acts of
8787 government be taken in English."