1 | 1 | | By: Kolkhorst (Senate Sponsor - Hegar) H.B. No. 1129 |
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2 | 2 | | (In the Senate - Received from the House May 16, 2011; |
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3 | 3 | | May 16, 2011, read first time and referred to Committee on State |
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4 | 4 | | Affairs; May 20, 2011, reported favorably by the following vote: |
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5 | 5 | | Yeas 7, Nays 0; May 20, 2011, sent to printer.) |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | A BILL TO BE ENTITLED |
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9 | 9 | | AN ACT |
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10 | 10 | | relating to a study by the attorney general of the effects on state |
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11 | 11 | | law and authority of certain international and other agreements and |
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12 | 12 | | bodies. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. (a) The attorney general shall conduct a study |
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15 | 15 | | to determine whether the law of this state or the legislative |
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16 | 16 | | authority of the Texas Legislature is or may be restricted, |
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17 | 17 | | nullified, superseded, preempted, or otherwise directly affected |
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18 | 18 | | by: |
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19 | 19 | | (1) any existing or proposed compact, agreement, or |
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20 | 20 | | other arrangement between the United States, this state, or a |
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21 | 21 | | political subdivision of this state and a foreign governmental |
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22 | 22 | | entity, including a foreign state or local governmental entity; |
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23 | 23 | | (2) any international organization, including a |
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24 | 24 | | nonprofit corporation, consisting of public or private entities |
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25 | 25 | | from the United States and any other nation or nations, acting in |
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26 | 26 | | coordination with a federal, state, or local government, or with a |
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27 | 27 | | stated purpose of influencing governmental action or public policy; |
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28 | 28 | | or |
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29 | 29 | | (3) any foreign or international body acting in |
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30 | 30 | | connection with or under the authority of a compact, agreement, or |
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31 | 31 | | other arrangement described by Subdivision (1) of this subsection, |
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32 | 32 | | through any means including legislative or administrative action, |
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33 | 33 | | judicial or quasijudicial decision, order, rule, regulation, or |
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34 | 34 | | other action. |
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35 | 35 | | (b) In conducting the study, the attorney general shall |
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36 | 36 | | investigate and report whether any entity described by Subsection |
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37 | 37 | | (a)(2) or (3) of this section has attempted, formally or |
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38 | 38 | | informally, to restrict, nullify, supersede, preempt, or otherwise |
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39 | 39 | | directly affect the law or policy of this state or the authority of |
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40 | 40 | | any state or local governmental body in this state. |
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41 | 41 | | (c) In conducting the study, the attorney general shall |
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42 | 42 | | include consideration of the following: |
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43 | 43 | | (1) the North American Free Trade Agreement (NAFTA) |
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44 | 44 | | and any entity created under or in connection with the agreement; |
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45 | 45 | | (2) the Security and Prosperity Partnership of North |
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46 | 46 | | America (SPP) and any entity created under or in connection with the |
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47 | 47 | | agreement, including the North American Competitiveness Council |
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48 | 48 | | (NACC); |
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49 | 49 | | (3) the World Trade Organization (WTO) and any |
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50 | 50 | | associated agreement; |
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51 | 51 | | (4) the World Health Organization (WHO) and any |
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52 | 52 | | associated entity or agreement; |
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53 | 53 | | (5) the United Nations and any associated entity or |
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54 | 54 | | agreement; and |
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55 | 55 | | (6) North America's SuperCorridor Coalition, Inc. |
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56 | 56 | | (NASCO). |
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57 | 57 | | (d) The attorney general may enter into an agreement or |
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58 | 58 | | other arrangement with a law school at a public institution of |
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59 | 59 | | higher education in this state under which the attorney general may |
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60 | 60 | | make use of the resources and personnel of the law school in |
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61 | 61 | | conducting the study. |
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62 | 62 | | (e) Not later than December 1, 2012, the attorney general |
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63 | 63 | | shall prepare a report of the findings of the study and provide a |
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64 | 64 | | copy of the report to each member of the legislature. |
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65 | 65 | | SECTION 2. This Act takes effect immediately if it receives |
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66 | 66 | | a vote of two-thirds of all the members elected to each house, as |
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67 | 67 | | provided by Section 39, Article III, Texas Constitution. If this |
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68 | 68 | | Act does not receive the vote necessary for immediate effect, this |
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69 | 69 | | Act takes effect September 1, 2011. |
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70 | 70 | | * * * * * |
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