83R2260 PMO-F
By: Creighton H.J.R. No. 59
A JOINT RESOLUTION
proposing a constitutional amendment relating to the rights of
individuals to choose or decline to choose health insurance
coverage.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article I, Texas Constitution, is amended by
adding Section 34 to read as follows:
Sec. 34. (a) 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) A state agency, public official, employee, or political
subdivision of this state may not act to impose, collect, enforce,
or effectuate a penalty or sanction intended to punish or
discourage the exercise of the right described by Subsection (a) of
this section.
(c) This section may not be construed to impair any right of
contract related to the provision of health insurance coverage to
any individual or group.
(d) For purposes of this section, "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 Subsection (a) of this section.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 5, 2013.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment providing individuals
the right to choose or decline to choose health insurance coverage
without penalty or sanction or threat of penalty or sanction."