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