Texas House Bill HB3785

Texas 2013 - 83rd Regular

Caption

Relating to the nullification of unconstitutional federal laws that create or increase taxes and the enforceability of related federal tax liens or levies; providing for a filing fee and providing criminal penalties.

Impact

If enacted, HB 3785 would fundamentally alter how federal tax laws are enforced within the state. The bill would establish that federal laws considered unconstitutional, such as those creating or increasing taxes, would not be recognized in Texas. This would absolve Texans from tax liabilities arising from the PPACA, with the provision that while individuals can voluntarily pay those taxes, they will not be legally bound to do so. The legislation would also facilitate the registration of claims for non-liability regarding unlawful federal taxes, promoting citizen protections against perceived governmental overreach.

Summary

House Bill 3785 aims to nullify what it identifies as unconstitutional federal laws that impose or increase taxes on the citizens of Texas. It particularly emphasizes the implications of the Patient Protection and Affordable Care Act (PPACA), which the bill claims infringes on state's rights to regulate health care and imposes unauthorized tax liabilities upon citizens. The legislation argues that the federal government's actions contravene the Tenth Amendment of the Constitution, which reserves powers not delegated to the federal government back to the states and their people.

Contention

The proposals within the bill reflect significant political contention. Proponents argue it's a necessary measure to defend state sovereignty and individual rights against federally imposed tax legislation they view as illegal. Conversely, opponents might assert that the bill sets a dangerous precedent for rejecting federal law and undermines the rule of law, creating confusion regarding tax responsibilities. Moreover, this bill raises concerns about fiscal stability and enforcement of tax laws in Texas, particularly regarding compliance with federal taxes deemed lawful.

Notable_points

The bill also includes mechanisms for filing paperwork for citizens wishing to claim non-liability for unlawful federal taxes. With associated criminal penalties for federal tax authorities failing to comply with the stipulated procedures, the legislation creates a contentious legal framework meant to challenge federal enforcement mechanisms in Texas.