83R20881 PMO-F
By: Bell H.B. No. 3709
Substitute the following for H.B. No. 3709:
By: Burkett C.S.H.B. No. 3709
A BILL TO BE ENTITLED
AN ACT
relating to creation of the Health Freedom Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle G, Title 8, Insurance Code, is amended
by adding Chapter 1510 to read as follows:
CHAPTER 1510. HEALTH FREEDOM ACT
Sec. 1510.001. SHORT TITLE. This chapter may be cited as
the Health Freedom Act.
Sec. 1510.002. DEFINITION. In this chapter, "penalty or
sanction" includes any civil or criminal fine, administrative
penalty, license suspension or revocation, suspension or
revocation of the authority to engage in business in this state,
tax, salary or wage withholding or garnishment, surcharge, or fee,
or any other consequence imposed to punish or discourage the
exercise of rights protected under this chapter.
Sec. 1510.003. STATEMENT OF PUBLIC POLICY; CONSTRUCTION
WITH OTHER LAW. (a) Consistent with the constitutionally
recognized and inalienable rights of liberty, the public policy of
this state is that each individual in this state has the right to
choose or decline to choose health insurance coverage without
penalty or sanction or threat of penalty or sanction.
(b) This section may not be construed to impair any right of
contract related to the provision of health insurance coverage to
an individual or group, or the establishment or enforcement of a
court or administrative order for medical support of a child.
Sec. 1510.004. ENFORCEMENT. (a) An agency, public officer
or employee, or political subdivision of this state may not act to
impose, collect, enforce, or effectuate a penalty or sanction that
violates the public policy described by Section 1510.003(a).
(b) The attorney general shall take all necessary action
authorized by Section 402.038, Government Code, to preserve the
rights described by Section 1510.003(a).
SECTION 2. Subchapter B, Chapter 402, Government Code, is
amended by adding Section 402.038 to read as follows:
Sec. 402.038. ENFORCEMENT OF HEALTH FREEDOM ACT. If a law
or rule or regulation that violates the public policy described by
Section 1510.003(a), Insurance Code, is enacted or adopted by any
governmental entity, including the federal government, a political
subdivision of this state, or a state or federal agency, the
attorney general shall take all necessary action to preserve the
rights described by Section 1510.003(a), Insurance Code,
including:
(1) seeking injunctive relief; and
(2) defending this state and state officers,
employees, and agencies.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.