82R561 JSC-D
By: Berman H.B. No. 297
A BILL TO BE ENTITLED
AN ACT
relating to certain federal health care legislation; imposing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that:
(1) the people of the several states comprising the
United States of America created the federal government as their
agent for certain enumerated purposes, and nothing more;
(2) the Tenth Amendment to the United States
Constitution defines the total scope of federal power as that which
has been delegated by the people of the several states to the
federal government, and all power not expressly delegated to the
federal government in the United States Constitution is reserved to
the states respectively, or to the people themselves; and
(3) the assumption of power by the federal government
in enacting the Patient Protection and Affordable Care Act (H.R.
3590; Pub. L. No. 111-148) as amended by the Health Care and
Education Reconciliation Act of 2010 (H.R. 4872; Pub. L. No.
111-152) interferes with the right of the people of this state to
regulate health care as they determine is appropriate, and makes a
mockery of James Madison's assurance in Federalist Paper Number 45
that the powers delegated to the federal government are "few and
defined" while those that remain in the state governments are
"numerous and indefinite."
SECTION 2. Subtitle Z, Title 3, Government Code, is amended
by adding Chapter 392 to read as follows:
CHAPTER 392. FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT
Sec. 392.001. DEFINITION. In this chapter, "federal Act"
means the Patient Protection and Affordable Care Act (H.R. 3590;
Pub. L. No. 111-148) as amended by the Health Care and Education
Reconciliation Act of 2010 (H.R. 4872; Pub. L. No. 111-152).
Sec. 392.002. FEDERAL ACT NOT AUTHORIZED. The federal Act
is not authorized by the United States Constitution and violates
the constitution's true meaning and intent as expressed by the
founders of this country and the ratifiers of the constitution.
Sec. 392.003. FEDERAL ACT INVALID. The federal Act:
(1) is invalid in this state;
(2) is not recognized by this state;
(3) is specifically rejected by this state; and
(4) is null and void and of no effect in this state.
Sec. 392.004. DUTY OF LEGISLATURE. It is the duty of the
legislature of this state to enact any measure necessary to prevent
the enforcement of the federal Act within this state.
Sec. 392.005. OFFENSES; PENALTIES. (a) A person who is an
official, agent, or employee of the United States or an employee of
a corporation providing services to the United States commits an
offense if the person enforces or attempts to enforce an act, order,
law, statute, rule, or regulation of the United States in violation
of this chapter.
(b) An offense under Subsection (a) is a state jail felony
punishable by confinement for a term of not more than five years, a
fine of not more than $5,000, or both the confinement and the fine.
(c) A person who is a public officer or employee of this
state commits an offense if that person enforces or attempts to
enforce an act, order, law, statute, rule, or regulation of the
United States in violation of this chapter.
(d) An offense under Subsection (c) is a Class A misdemeanor
punishable by confinement for a term of not more than two years, a
fine of not more than $1,000, or both the confinement and the fine.
Sec. 392.006. PRIVATE CAUSE OF ACTION. Any aggrieved party
may bring a private cause of action against a person who enforces or
attempts to enforce an act, order, law, statute, rule, or
regulation of the United States in violation of this chapter.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.