| 1 | 1 | | 83R9046 PMO-D |
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| 2 | 2 | | By: Creighton, King of Taylor, et al. H.J.R. No. 59 |
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| 3 | 3 | | Substitute the following for H.J.R. No. 59: |
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| 4 | 4 | | By: Burkett C.S.H.J.R. No. 59 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A JOINT RESOLUTION |
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| 8 | 8 | | proposing a constitutional amendment relating to the rights of |
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| 9 | 9 | | individuals to choose or decline to choose health insurance |
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| 10 | 10 | | coverage. |
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| 11 | 11 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Article I, Texas Constitution, is amended by |
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| 13 | 13 | | adding Section 34 to read as follows: |
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| 14 | 14 | | Sec. 34. (a) Each individual in this state has the right to |
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| 15 | 15 | | choose or decline to choose health insurance coverage without |
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| 16 | 16 | | penalty or sanction or threat of penalty or sanction. |
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| 17 | 17 | | (b) A state agency, public official, employee, or political |
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| 18 | 18 | | subdivision of this state may not act to impose, collect, enforce, |
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| 19 | 19 | | or effectuate a penalty or sanction intended to punish or |
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| 20 | 20 | | discourage the exercise of the right described by Subsection (a) of |
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| 21 | 21 | | this section. |
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| 22 | 22 | | (c) This section may not be construed to impair: |
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| 23 | 23 | | (1) any right of contract related to the provision of |
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| 24 | 24 | | health insurance coverage to any individual or group; or |
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| 25 | 25 | | (2) the establishment or enforcement of a court or |
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| 26 | 26 | | administrative order for the medical support of a child. |
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| 27 | 27 | | (d) For purposes of this section, "penalty or sanction" |
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| 28 | 28 | | includes any civil or criminal fine, administrative penalty, |
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| 29 | 29 | | license suspension or revocation, suspension or revocation of the |
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| 30 | 30 | | authority to engage in business in this state, tax, salary or wage |
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| 31 | 31 | | withholding or garnishment, surcharge, or fee, or any other |
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| 32 | 32 | | consequence imposed to punish or discourage the exercise of rights |
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| 33 | 33 | | protected under Subsection (a) of this section. |
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| 34 | 34 | | SECTION 2. This proposed constitutional amendment shall be |
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| 35 | 35 | | submitted to the voters at an election to be held November 5, 2013. |
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| 36 | 36 | | The ballot shall be printed to provide for voting for or against the |
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| 37 | 37 | | proposition: "The constitutional amendment providing individuals |
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| 38 | 38 | | the right to choose or decline to choose health insurance coverage |
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| 39 | 39 | | without penalty or sanction or threat of penalty or sanction." |
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