| 1 | 1 | | 85R11218 CJC-D |
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| 2 | 2 | | By: Swanson H.B. No. 2808 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to preventing the commandeering of state resources by the |
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| 8 | 8 | | federal government. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 2113, Government Code, is amended by |
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| 11 | 11 | | adding Subchapter F to read as follows: |
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| 12 | 12 | | SUBCHAPTER F. RESTRICTIONS ON EXPENDITURES FOR ENFORCEMENT OF |
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| 13 | 13 | | FEDERAL ACTIONS |
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| 14 | 14 | | Sec. 2113.351. DEFINITION. In this subchapter, "federal |
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| 15 | 15 | | action" includes: |
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| 16 | 16 | | (1) a federal law; |
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| 17 | 17 | | (2) a federal agency rule, policy, or standard; |
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| 18 | 18 | | (3) an executive order of the president of the United |
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| 19 | 19 | | States; and |
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| 20 | 20 | | (4) an order of a federal court. |
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| 21 | 21 | | Sec. 2113.352. RESTRICTION ON EXPENDITURES. (a) In order |
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| 22 | 22 | | to prevent the commandeering of state resources by the federal |
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| 23 | 23 | | government, a state agency may not use appropriated money to |
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| 24 | 24 | | enforce a federal action unless that use is explicitly authorized |
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| 25 | 25 | | by the legislature in: |
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| 26 | 26 | | (1) the General Appropriations Act; or |
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| 27 | 27 | | (2) other state law. |
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| 28 | 28 | | (b) A state agency may ask the attorney general for advice |
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| 29 | 29 | | in complying with this section. The attorney general shall provide |
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| 30 | 30 | | the requested advice. |
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| 31 | 31 | | SECTION 2. Section 2113.352, Government Code, as added by |
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| 32 | 32 | | this Act, applies only to the use of appropriated money by a state |
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| 33 | 33 | | agency on or after September 1, 2017. |
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| 34 | 34 | | SECTION 3. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2017. |
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