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