Texas 2011 - 82nd Regular

Texas House Bill HB301 Compare Versions

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1	1	82R366 YDB-F
2	2	By: Berman, Jackson H.B. No. 301
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the establishment of English as the official language
7	7	of Texas and the requirement that official acts of government be
8	8	performed in English.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The legislature finds and declares:
11	11	(1) the people of the United States have brought to
12	12	this nation the cultural heritage of many nations;
13	13	(2) the people of the United States, despite their
14	14	many differences, have lived together harmoniously and
15	15	productively as citizens of one nation;
16	16	(3) the traditional and common language of the United
17	17	States and of this state is English;
18	18	(4) a knowledge of the common language is essential to
19	19	the full exercise of constitutional freedoms, the informed and
20	20	knowledgeable empowerment of voters, citizen checks against
21	21	government abuses, individual prosperity, and independence;
22	22	(5) the English language has been the strongest bond
23	23	among citizens of this nation and has contributed substantially to
24	24	national unity and societal cohesiveness;
25	25	(6) English has been this nation's language by custom
26	26	only and warrants special legal protection;
27	27	(7) government has a fiduciary responsibility to the
28	28	citizenry to ensure that it operates as efficiently as possible,
29	29	and the growth of multiple language bureaucracies and printing
30	30	represents an abrogation of this fiduciary responsibility; and
31	31	(8) this state, its political subdivisions, and the
32	32	federal government have a responsibility to ensure that citizens
33	33	have opportunities to learn English.
34	34	SECTION 2. Title 10, Government Code, is amended by adding
35	35	Subtitle H to read as follows:
36	36	SUBTITLE H. OFFICIAL LANGUAGE FOR ACTS OF GOVERNMENT
37	37	CHAPTER 2351. ENGLISH AS OFFICIAL LANGUAGE OF GOVERNMENT AND FOR
38	38	ACTS OF GOVERNMENT
39	39	Sec. 2351.001. DEFINITION. In this chapter, "official act
40	40	of government" means:
41	41	(1) an action of this state or a political subdivision
42	42	of this state that carries the full weight and authority of law;
43	43	(2) an official document recorded or first maintained
44	44	on or after September 1, 2011, by this state or a political
45	45	subdivision of this state for the public domain, including a tax
46	46	record, professional license, deed, real estate record, or publicly
47	47	probated will or other document of a court system; or
48	48	(3) a public proceeding of a governing body of this
49	49	state or a political subdivision of this state held on or after
50	50	September 1, 2011.
51	51	Sec. 2351.002. PURPOSE. It is the purpose of this chapter
52	52	to preserve, protect, and strengthen the unifying role of English
53	53	as the official language of this state.
54	54	Sec. 2351.003. ENGLISH AS OFFICIAL LANGUAGE. (a) English
55	55	is the official language of this state and is the language of
56	56	official acts of government.
57	57	(b) This state or a political subdivision of this state may
58	58	not make any policy expressing a preference for any language other
59	59	than English or diminishing or ignoring the unifying role of
60	60	English as designated by this chapter, except as provided by
61	61	Section 2351.004.
62	62	(c) An elected or appointed officer of this state or a
63	63	political subdivision of this state shall take all reasonable steps
64	64	to ensure that the role of English as the official language of this
65	65	state is preserved and enhanced.
66	66	Sec. 2351.004. APPLICABILITY OF CHAPTER. This chapter does
67	67	not:
68	68	(1) supersede contrary provisions imposed under
69	69	federal law;
70	70	(2) prohibit the use of another language for the
71	71	public safety, health, or justice;
72	72	(3) prohibit instruction in foreign language courses;
73	73	(4) prohibit instruction designed to aid students with
74	74	limited English proficiency in their transition and integration
75	75	into the education system;
76	76	(5) prohibit the promotion of international commerce
77	77	or tourism; or
78	78	(6) prohibit a court or an administrative agency from
79	79	admitting into evidence or relying on a record that is from another
80	80	jurisdiction and originally written in another language, if the
81	81	court or agency determines the record is necessary for a proceeding
82	82	or hearing.
83	83	Sec. 2351.005. PROHIBITED APPROPRIATION. The legislature
84	84	or a governing body of a political subdivision of this state may not
85	85	appropriate any money to promote the use of or demonstrate a
86	86	preference for any language other than the official language,
87	87	except as provided by Section 2351.004.
88	88	Sec. 2351.006. CONSTRUCTION OF CHAPTER. This chapter may
89	89	not be:
90	90	(1) construed in any way to infringe on the rights of
91	91	citizens, who have every right to choose their own primary
92	92	language, in the use of language for private conduct; or
93	93	(2) used to dictate language policies for the
94	94	operation and administration of organizations or businesses in the
95	95	private sector.
96	96	SECTION 3. This Act takes effect September 1, 2011.