| 1 | 1 | | 85R2389 CJC-D |
|---|
| 2 | 2 | | By: RodrÃguez S.B. No. 432 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to a report identifying each provision of state law that |
|---|
| 8 | 8 | | has been declared unconstitutional by the United States Supreme |
|---|
| 9 | 9 | | Court. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Chapter 323, Government Code, is amended by |
|---|
| 12 | 12 | | adding Section 323.021 to read as follows: |
|---|
| 13 | 13 | | Sec. 323.021. REPORT ON UNCONSTITUTIONAL PROVISIONS OF |
|---|
| 14 | 14 | | STATE LAW. (a) The council shall plan and execute a permanent |
|---|
| 15 | 15 | | program for the systematic and continual study of the statutes of |
|---|
| 16 | 16 | | this state to determine which of those statutes have been declared |
|---|
| 17 | 17 | | unconstitutional by the United States Supreme Court. |
|---|
| 18 | 18 | | (b) As part of the program under this section, the council |
|---|
| 19 | 19 | | shall, before each regular session of the legislature, prepare and |
|---|
| 20 | 20 | | submit to the legislature a report that: |
|---|
| 21 | 21 | | (1) identifies each statutory provision of this state |
|---|
| 22 | 22 | | that has been declared unconstitutional by the United States |
|---|
| 23 | 23 | | Supreme Court and provides a citation to the applicable decision of |
|---|
| 24 | 24 | | the court; and |
|---|
| 25 | 25 | | (2) includes a draft of legislation that amends each |
|---|
| 26 | 26 | | provision identified under Subdivision (1) to include the following |
|---|
| 27 | 27 | | statement or substantially similar language: |
|---|
| 28 | 28 | | "This provision of law is unenforceable as a result of the |
|---|
| 29 | 29 | | decision of the United States Supreme Court in (insert name of |
|---|
| 30 | 30 | | applicable court decision) declaring the law unconstitutional." |
|---|
| 31 | 31 | | (c) The council may request the assistance of the attorney |
|---|
| 32 | 32 | | general in performing the council's duties under this section, as |
|---|
| 33 | 33 | | authorized by Section 323.012. |
|---|
| 34 | 34 | | SECTION 2. The Texas Legislative Council shall submit the |
|---|
| 35 | 35 | | first report due under Section 323.021, Government Code, as added |
|---|
| 36 | 36 | | by this Act, to the legislature not later than December 1, 2018. |
|---|
| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2017. |
|---|