83R8593 STE-F By: Creighton, et al. H.C.R. No. 72 CONCURRENT RESOLUTION WHEREAS, The Tenth Amendment to the Constitution of the United States reads, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people"; and WHEREAS, The Founding Fathers created the federal government as an agent of the states, not to supplant states' rights; and WHEREAS, The Texas Constitution affirms the notion, in Section 1, Article I, that "Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States"; and WHEREAS, The health insurance tax is a usurpation of state sovereignty and abuse of federal power; and WHEREAS, The health insurance tax disparages the autonomy of the states, in violation of the Tenth Amendment; and WHEREAS, The health insurance tax will cost the State of Texas additional billions of dollars in government expenses; and WHEREAS, The National Federation of Independent Businesses reported the tax will result in 6,000 fewer private sector jobs and billions of dollars of lost sales in the State of Texas; and WHEREAS, The Congressional Joint Committee on Taxation noted that "taxes may be borne by: consumers in the form of higher prices; owners of firms in the form of lower profits; employees of firms in the form of lower wages; or other suppliers to firms in the form of lower payments"; and WHEREAS, The health insurance tax will disproportionately burden the small businesses of Texas with increased premiums; and WHEREAS, The Congressional Budget Office noted, "fees would largely be passed through to consumers in the form of higher premiums for private coverage"; and WHEREAS, The men and women of Texas will ultimately bear the costs of the health insurance tax, putting health care out of reach for many; and WHEREAS, The health insurance tax will stifle job creation, increase health care costs, and burden the economy of Texas; now, therefore, be it RESOLVED, That the 83rd Legislature of the State of Texas hereby reaffirm the pride of all Texans in our nation and our state; and, be it further RESOLVED, That the 83rd Legislature reject unlimited submission to the current administration and Congress, reaffirm the sovereignty of our state, as granted by the Tenth Amendment to the Constitution of the United States, and oppose the health insurance tax.