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