Texas 2011 - 82nd Regular

Texas House Bill HCR85 Compare Versions

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1	1	82R9173 BPG-F
2	2	By: Price, Creighton, Harper-Brown, H.C.R. No. 85
3	3	Gonzales of Williamson, Kolkhorst
4	4
5	5
6	6	HOUSE CONCURRENT RESOLUTION
7	7	WHEREAS, The federal government was established by the states
8	8	through the ratification of the Constitution of the United States,
9	9	which granted carefully limited powers, yet through the years, the
10	10	relationship between the federal government and state governments
11	11	has been thrown out of balance; and
12	12	WHEREAS, The framers of the Constitution recognized that
13	13	separation of powers is essential and, accordingly, established
14	14	checks and balances not only among the branches of the federal
15	15	government but also between the federal government and state
16	16	governments; the Tenth Amendment to the United States Constitution
17	17	provides that "the powers not delegated to the United States by the
18	18	Constitution, nor prohibited by it to the States, are reserved to
19	19	the States respectively, or to the people"; and
20	20	WHEREAS, Increasingly, the executive and legislative
21	21	branches of the federal government have by many actions usurped
22	22	powers reserved to the states and to the people, and the federal
23	23	judiciary has failed to stop many of these excesses; federal
24	24	preemption of state powers prevents states from acting as true
25	25	laboratories of democracy, seeking novel social and economic
26	26	policies without risk to the nation; and
27	27	WHEREAS, To restore the balance of power between the federal
28	28	government and state governments intended by the framers of the
29	29	Constitution of the United States, the federal government must
30	30	carefully consider, and be accountable for, the constitutional
31	31	boundaries of its jurisdiction; now, therefore, be it
32	32	RESOLVED, That the 82nd Legislature of the State of Texas
33	33	hereby urge the United States Congress to enact legislation to
34	34	require that any subsequent law cite the section of the
35	35	Constitution authorizing Congress to enact the law, state
36	36	explicitly the extent to which the proposed section of law preempts
37	37	any state, local, or tribal law, and if it does preempt such a law,
38	38	provide an explanation of the reason or reasons for such
39	39	preemption; and, be it further
40	40	RESOLVED, That if Article I, Section 8, Clause 3, of the
41	41	Constitution of the United States is identified as the
42	42	constitutional provision granting authority to Congress for its
43	43	proposed law, Congress report a list of factual findings
44	44	establishing a substantial nexus between the regulatory effect of
45	45	the proposed law and interstate commerce; and, be it further
46	46	RESOLVED, That such legislation prohibit federal agency
47	47	rules and regulations from preempting or otherwise interfering with
48	48	state or local powers without express statutory authority and
49	49	require agencies to provide states with notice and an opportunity
50	50	to be heard in the rulemaking process; and, be it further
51	51	RESOLVED, That the Texas secretary of state forward official
52	52	copies of this resolution to the president of the United States, to
53	53	the president of the Senate and the speaker of the House of
54	54	Representatives of the United States Congress, and to all the
55	55	members of the Texas delegation to Congress with the request that
56	56	this resolution be entered in the Congressional Record as a
57	57	memorial to the Congress of the United States of America.