82R367 YDB-F
By: Berman H.J.R. No. 38
A JOINT RESOLUTION
proposing a constitutional amendment to establish English as the
official language of Texas and require that official acts of
government be performed in English.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The Legislature finds and declares:
(1) the people of the United States have brought to
this nation the cultural heritage of many nations;
(2) the people of the United States, despite their
many differences, have lived together harmoniously and
productively as citizens of one nation;
(3) the traditional and common language of the United
States and of this state is English;
(4) a knowledge of the common language is essential to
the full exercise of constitutional freedoms, the informed and
knowledgeable empowerment of voters, citizen checks against
government abuses, individual prosperity, and independence;
(5) the English language has been the strongest bond
among citizens of this nation and has contributed substantially to
national unity and societal cohesiveness;
(6) English has been this nation's language by custom
only and warrants special legal protection;
(7) government has a fiduciary responsibility to the
citizenry to ensure that it operates as efficiently as possible,
and the growth of multiple language bureaucracies and printing
represents an abrogation of this fiduciary responsibility; and
(8) this state, its political subdivisions, and the
federal government have a responsibility to ensure that citizens
have opportunities to learn English.
SECTION 2. Article XVI, Texas Constitution, is amended by
adding Section 74 to read as follows:
Sec. 74. (a) In this section, "official act of government"
means:
(1) an action of this state or a political subdivision
of this state that carries the full weight and authority of law;
(2) an official document recorded or first maintained
on or after December 1, 2011, by this state or a political
subdivision of this state for the public domain, including a tax
record, professional license, deed, real estate record, or publicly
probated will or other document of a court system; or
(3) a public proceeding of a governing body of this
state or a political subdivision of this state held on or after
December 1, 2011.
(b) It is the purpose of this section to preserve, protect,
and strengthen the unifying role of English as the official
language of this state.
(c) English is the official language of this state and is
the language of official acts of government.
(d) This state or a political subdivision of this state may
not make any policy expressing a preference for any language other
than English or diminishing or ignoring the unifying role of
English as designated by this section, except as provided by
Subsection (f).
(e) An elected or appointed officer of this state or a
political subdivision of this state shall take all reasonable steps
to ensure that the role of English as the official language of this
state is preserved and enhanced.
(f) This section does not:
(1) supersede contrary provisions imposed under
federal law;
(2) prohibit the use of another language for the
public safety, health, or justice;
(3) prohibit instruction in foreign language courses;
(4) prohibit instruction designed to aid students with
limited English proficiency in their transition and integration
into the education system;
(5) prohibit the promotion of international commerce
or tourism; or
(6) prohibit a court or an administrative agency from
admitting into evidence or relying on a record that is from another
jurisdiction and originally written in another language, if the
court or agency determines the record is necessary for a proceeding
or hearing.
(g) The Legislature or a governing body of a political
subdivision of this state may not appropriate any money to promote
the use of or demonstrate a preference for any language other than
the official language, except as provided by Subsection (f).
(h) This section may not be:
(1) construed in any way to infringe on the rights of
citizens, who have every right to choose their own primary
language, in the use of language for private conduct; or
(2) used to dictate language policies for the
operation and administration of organizations or businesses in the
private sector.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 8, 2011.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment to establish English as
the official language of Texas and to require that official acts of
government be performed in English."