83R9994 JSC-D
By: White H.B. No. 2353
A BILL TO BE ENTITLED
AN ACT
relating to exempting the intrastate production of goods and the
intrastate provision of services from federal regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Intrastate
Commerce Act.
SECTION 2. The Legislature of the State of Texas finds that:
(1) the Tenth Amendment to the United States
Constitution reserves to the states and the people all powers not
granted to the federal government elsewhere in the constitution;
(2) the Ninth Amendment to the United States
Constitution guarantees to the people rights not enumerated in the
constitution and reserves to the people of Texas those rights;
(3) the federal government is empowered to regulate
interstate commerce under Section 8, Article I, United States
Constitution;
(4) the regulation of intrastate commerce is vested in
the states under the Ninth and Tenth Amendments to the United States
Constitution;
(5) the drafters of the United States Constitution
specifically considered and rejected a proposal to authorize
Congress to regulate intrastate commerce that had indirect effects
on another state; and
(6) all goods grown, manufactured, made, or otherwise
produced in this state that remain in this state and all services
performed exclusively in this state are not subject to the
authority of the United States Congress under Congress's power to
regulate interstate commerce.
SECTION 3. Title 99, Business & Commerce Code, is amended by
adding Chapter 2005 to read as follows:
CHAPTER 2005. INTRASTATE GOODS AND SERVICES
Sec. 2005.001. NOT SUBJECT TO FEDERAL REGULATION. A good
that is grown, manufactured, made, or otherwise produced in this
state and remains in this state or a service performed exclusively
in this state is not subject to federal law or federal regulation
under the authority of the United States Congress to regulate
interstate commerce.
SECTION 4. This Act applies only to a good that is grown,
manufactured, made, or otherwise produced or a service performed on
or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2013.