| 1 | 1 | | 84R5610 RMA-D |
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| 2 | 2 | | By: King of Parker H.C.R. No. 54 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | CONCURRENT RESOLUTION |
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| 6 | 6 | | WHEREAS, Overreaching regulatory policies mandated by the |
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| 7 | 7 | | federal government encroach upon liberties guaranteed to United |
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| 8 | 8 | | States citizens by the First, Second, Fourth, and Fifth Amendments |
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| 9 | 9 | | enumerated in the Bill of Rights; and |
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| 10 | 10 | | WHEREAS, In 2013, the U.S. House of Representatives passed |
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| 11 | 11 | | with bipartisan support the Regulations From the Executive in Need |
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| 12 | 12 | | of Scrutiny (REINS) Act, which requires that congressional approval |
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| 13 | 13 | | be obtained prior to the execution of new major regulations; even if |
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| 14 | 14 | | enacted, however, that law is vulnerable to repeal or waiver by a |
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| 15 | 15 | | future congress or president; and |
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| 16 | 16 | | WHEREAS, States today have little recourse when the |
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| 17 | 17 | | government in Washington, D.C., oversteps its authority; the only |
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| 18 | 18 | | way to contest a federal regulation is to bring a constitutional |
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| 19 | 19 | | challenge in federal court or seek an amendment to the |
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| 20 | 20 | | constitution; and |
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| 21 | 21 | | WHEREAS, Passage of a "Regulation Freedom Amendment" would |
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| 22 | 22 | | help restore constitutional balance by providing that whenever one |
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| 23 | 23 | | quarter of the members of either the U.S. House of Representatives |
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| 24 | 24 | | or the U.S. Senate transmit to the president of the United States a |
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| 25 | 25 | | written declaration of opposition to a proposed federal regulation, |
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| 26 | 26 | | the regulation would require a majority vote of approval from both |
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| 27 | 27 | | chambers for adoption; and |
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| 28 | 28 | | WHEREAS, A "Regulation Freedom Amendment" would reestablish |
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| 29 | 29 | | the separation of powers in the regulatory process and allow the |
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| 30 | 30 | | will of the people to be voiced through their democratically |
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| 31 | 31 | | elected representatives; now, therefore, be it |
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| 32 | 32 | | RESOLVED, That the 84th Legislature of the State of Texas |
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| 33 | 33 | | hereby respectfully urge the Congress of the United States to |
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| 34 | 34 | | propose and submit to the states for ratification a "Regulation |
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| 35 | 35 | | Freedom Amendment" to the U.S. Constitution; and, be it further |
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| 36 | 36 | | RESOLVED, That the 84th Texas Legislature hereby request that |
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| 37 | 37 | | the legislatures of each of the several states that compose the |
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| 38 | 38 | | United States join this state in urging the U.S. Congress to propose |
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| 39 | 39 | | and submit to the states for ratification a "Regulation Freedom |
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| 40 | 40 | | Amendment" to the U.S. Constitution; and, be it further |
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| 41 | 41 | | RESOLVED, That the Texas secretary of state forward official |
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| 42 | 42 | | copies of this resolution to the president of the United States, to |
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| 43 | 43 | | the speaker of the House of Representatives and the president of the |
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| 44 | 44 | | Senate of the United States Congress, and to all members of the |
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| 45 | 45 | | Texas delegation to Congress with the request that this resolution |
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| 46 | 46 | | be officially entered in the Congressional Record as a memorial to |
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| 47 | 47 | | the Congress of the United States of America; and, be it further |
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| 48 | 48 | | RESOLVED, That the Texas secretary of state forward official |
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| 49 | 49 | | copies of this resolution to the secretaries of state and to the |
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| 50 | 50 | | presiding officers of the legislatures of the other states as an |
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| 51 | 51 | | expression of the sentiment of the Legislature of the State of |
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| 52 | 52 | | Texas. |
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