Relating to a report identifying each provision of state law that has been declared unconstitutional by the United States Supreme Court.
Impact
By implementing this reporting requirement, SB 432 seeks to ensure that state law is not enforced where it has been deemed unconstitutional. It will require that prior to each regular legislative session, the Texas Legislative Council must submit a report that not only identifies these unconstitutional provisions but also includes draft legislation to amend them accordingly. This proactive approach is designed to prevent confusion among citizens and law enforcement regarding the enforceability of certain statutes, thus reinforcing the rule of law.
Summary
Senate Bill 432 aims to create a systematic process for identifying state laws that have been declared unconstitutional by the United States Supreme Court. This legislation mandates the Texas Legislative Council to execute a permanent program that continuously studies and catalogues statutes that have been overturned by the Supreme Court. Notably, this bill emphasizes the importance of maintaining an up-to-date understanding of the laws in effect within the state, thereby enhancing legal clarity and accountability.
Contention
Though the bill is aimed at enhancing governmental transparency and accountability, discussions surrounding it may raise concerns about the workload of the Texas Legislative Council, and the resources required for systematic reviews. Additionally, some legislators might argue over the necessity of the amendments suggested, particularly if they believe certain laws still serve a purpose despite their constitutional challenges. The requirement of including a citation to court decisions in the report may also lead to debates over the specific wording and implications of such citations.
Relating to the identification of constitutional or statutory provisions of this state that have been invalidated or otherwise limited by a state appellate court.
Relating to the identification of and prohibited cooperation by state and local entities with certain federal acts that violate the United States Constitution.
Relating to the creation of the Fifteenth Court of Appeals with jurisdiction over certain civil cases, the compensation of the justices of that court, and the jurisdiction of the courts of appeals in this state.
Relating to measures to ensure the safety and welfare of the southern border region of this state, including protection from ongoing criminal activity and public health threats; creating a criminal offense; creating a civil penalty.
Relating to measures to ensure the safety and welfare of the border region of this state, including protection from ongoing criminal activity and public health threats and the establishment of the Border Protection Unit; creating a criminal offense; creating a civil penalty.