Texas 2017 - 85th Regular

Texas House Bill HCR29 Compare Versions

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11 85R107 EEY-D
22 By: Bell H.C.R. No. 29
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55 CONCURRENT RESOLUTION
66 WHEREAS, The Tenth Amendment to the United States
77 Constitution guarantees that "powers not delegated to the United
88 States by the Constitution, nor prohibited by it to the states, are
99 reserved to the states respectively, or to the people"; and
1010 WHEREAS, The amendment, found within the Bill of Rights,
1111 defines the balance of power between the federal government and the
1212 states, authorizing the federal government to exercise only those
1313 functions delegated to it within the Constitution; and
1414 WHEREAS, In recent years, the federal government has
1515 increasingly relied on presidential executive orders to dictate
1616 policy while bypassing the demand for congressional consent; such
1717 unilateral edicts not only circumvent the legislative process and
1818 subvert our system of representative democracy, but also undermine
1919 the constitutionally protected doctrine of states' rights; and
2020 WHEREAS, The Texas Constitution affirms that Texas is a free
2121 and independent state subject only to the supremacy of the U.S.
2222 Constitution, and accordingly, neither the State of Texas nor its
2323 people are bound by laws enacted outside the scope of authorized
2424 executive power; now, therefore, be it
2525 RESOLVED, That the 85th Legislature of the State of Texas
2626 hereby declare that presidential executive orders have no state
2727 constitutional authority and cannot interfere with states' rights;
2828 and, be it further
2929 RESOLVED, That the 85th Texas Legislature hereby declare that
3030 presidential executive orders are not state government mandates and
3131 therefore should not and will not be treated as such by state
3232 agencies; moreover, executive orders are not mandates that may
3333 regulate the behavior or abrogate the rights and freedoms enjoyed
3434 by Texas citizens; and, be it further
3535 RESOLVED, That the Texas secretary of state forward copies of
3636 this resolution to the governor of the State of Texas, to the chairs
3737 of all state regulatory boards, and to the executive directors of
3838 all state executive agencies; and, be it further
3939 RESOLVED, That the Texas secretary of state forward official
4040 copies of this resolution to the president of the United States, to
4141 the president of the Senate and the speaker of the House of
4242 Representatives of the United States Congress, and to all the
4343 members of the Texas delegation to Congress with the request that
4444 this resolution be officially entered in the Congressional Record
4545 as a memorial to the Congress of the United States of America.