| 1 | 1 | | By: Callegari H.B. No. 3706 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to measures in anticipation of federal legislation that |
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| 7 | 7 | | would recognize the sovereignty of the states by providing each |
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| 8 | 8 | | state with autonomy in determining whether and to what extent |
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| 9 | 9 | | certain federal programs or mandates would apply in that state. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subtitle C, Tile 3, Government Code, is amended |
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| 12 | 12 | | by adding Chapter 329 to read as follows: |
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| 13 | 13 | | CHAPTER 329. STATE IMPLEMENTATION OF FEDERAL LAW |
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| 14 | 14 | | RECOGNIZING STATE SOVEREIGNTY |
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| 15 | 15 | | Sec. 329.001. PURPOSE OF CHAPTER. The purpose of this |
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| 16 | 16 | | chapter is to examine the manner in which the legislature and this |
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| 17 | 17 | | state would exercise their rights, and to recommend any changes in |
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| 18 | 18 | | state law required for that purpose, in the event that the United |
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| 19 | 19 | | States Congress enacts federal legislation that: |
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| 20 | 20 | | (1) would grant the individual states the authority to |
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| 21 | 21 | | choose whether to participate in any federal grant program that |
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| 22 | 22 | | imposes requirements as a condition of the receipt of a federal |
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| 23 | 23 | | grant or whether to modify the conditions under which the state |
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| 24 | 24 | | would receive a grant, such as the proposed Restoration of State |
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| 25 | 25 | | Sovereignty Act of 2010 (H.R. 5903), that was introduced in the |
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| 26 | 26 | | 111th Congress, Second Session; or |
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| 27 | 27 | | (2) in any other manner would give the individual |
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| 28 | 28 | | states the right or authority to determine whether or to what extent |
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| 29 | 29 | | any federal program or federal mandate would apply to that state. |
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| 30 | 30 | | Sec. 329.002. STATE SOVEREIGNTY OVERSIGHT WORK GROUP. (a) |
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| 31 | 31 | | For purposes of this chapter, the lieutenant governor and the |
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| 32 | 32 | | speaker of the house of representatives may jointly establish the |
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| 33 | 33 | | state sovereignty oversight work group composed of members of each |
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| 34 | 34 | | house of the legislature and any additional members those officers |
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| 35 | 35 | | jointly determine appropriate. For that purpose, those officers |
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| 36 | 36 | | may designate one or more standing committees of each house to be |
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| 37 | 37 | | included in the work group. |
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| 38 | 38 | | (b) The work group shall identify, monitor, and analyze any |
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| 39 | 39 | | pending or enacted federal legislation described by Section 329.001 |
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| 40 | 40 | | in order to: |
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| 41 | 41 | | (A) provide officials and other citizens of this |
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| 42 | 42 | | state with information necessary to communicate effectively with |
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| 43 | 43 | | Congress regarding the legislation and its implementation by this |
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| 44 | 44 | | state; |
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| 45 | 45 | | (B) help public officials of this state to |
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| 46 | 46 | | anticipate and prepare for the possible implementation of the |
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| 47 | 47 | | legislation; and |
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| 48 | 48 | | (C) identify or recommend changes in law that |
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| 49 | 49 | | would be necessary for the effective exercise by this state of any |
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| 50 | 50 | | rights and authority that may be granted by that legislation. |
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| 51 | 51 | | (c) The work group may request the assistance of state |
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| 52 | 52 | | agencies in identifying programs that may be affected by that |
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| 53 | 53 | | legislation and the potential fiscal or administrative |
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| 54 | 54 | | ramifications of that legislation. |
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| 55 | 55 | | SECTION 2. This Act takes effect September 1, 2011. |
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