Texas 2017 - 85th Regular

Texas Senate Bill SB89 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R1932 BEF-F
2	2	By: Hall S.B. No. 89
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the execution or enforcement of federal laws that
8	8	violate the Bill of Rights of the Texas Constitution.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle Z, Title 3, Government Code, is amended
11	11	by adding Chapter 393 to read as follows:
12	12	CHAPTER 393. FEDERAL LAWS THAT VIOLATE BILL OF RIGHTS OF TEXAS
13	13	CONSTITUTION
14	14	Sec. 393.001. POLICY. It is the policy of this state to
15	15	refuse to provide material support for, or to participate in the
16	16	execution or enforcement of, any federal law that the legislature
17	17	finds to violate the Bill of Rights of the Texas Constitution.
18	18	Sec. 393.002. DEFINITIONS. In this chapter:
19	19	(1) "Federal law" means any federal order, law,
20	20	policy, rule, mandate, or agency regulation.
21	21	(2) "Provision, penalty, or sanction" includes a
22	22	provision of federal law that provides a civil or criminal fine or
23	23	penalty, an administrative penalty, a tax, a surcharge, or a fee, or
24	24	for the suspension or revocation of a license, the suspension or
25	25	revocation of the authority to engage in business in this state, the
26	26	withholding or garnishment of a salary or wage, or any other action
27	27	or consequence under the law.
28	28	Sec. 393.003. LEGISLATIVE FINDING OF VIOLATION;
29	29	INTERPOSITION. (a) The legislature, by a majority vote of all the
30	30	members elected to each house, may find that a federal law violates
31	31	Article I, Texas Constitution.
32	32	(b) The legislature may include in a finding under
33	33	Subsection (a) the manner in which the legislature may interpose
34	34	itself between the federal government and persons in this state to
35	35	oppose the federal government in the execution and enforcement of
36	36	the federal law.
37	37	Sec. 393.004. EXECUTION OR ENFORCEMENT OF FEDERAL LAW. A
38	38	state agency or political subdivision, or an officer or employee of
39	39	a state agency or political subdivision, may not execute or enforce
40	40	a provision, penalty, or sanction provided by a federal law that the
41	41	legislature has found under Section 393.003(a) to violate Article
42	42	I, Texas Constitution.
43	43	Sec. 393.005. PETITION TO CONSIDER FEDERAL LAW. (a) The
44	44	legislature may make a preliminary determination that a federal law
45	45	violates Article I, Texas Constitution, by written petition signed
46	46	by a majority of all members elected to the senate and a majority of
47	47	all members elected to the house of representatives.
48	48	(b) The members signing the petition shall deliver the
49	49	petition to:
50	50	(1) the lieutenant governor and the speaker of the
51	51	house of representatives, if the legislature is convened in regular
52	52	or special session; or
53	53	(2) the governor, if the legislature is not convened
54	54	in regular or special session.
55	55	Sec. 393.006. JOINT INTERIM COMMITTEE TO CONSIDER FEDERAL
56	56	LAWS. (a) At the close of each regular session of the legislature,
57	57	the lieutenant governor shall appoint three senators and the
58	58	speaker of the house of representatives shall appoint three members
59	59	of the house of representatives to a joint interim committee to
60	60	consider federal laws that may violate Article I, Texas
61	61	Constitution.
62	62	(b) The lieutenant governor and speaker of the house of
63	63	representatives shall each designate a co-chair from among the
64	64	joint interim committee members.
65	65	(c) When the legislature is not convened in regular or
66	66	special session, the joint interim committee shall meet at the
67	67	joint call of the co-chairs to consider whether a federal law may
68	68	violate Article I, Texas Constitution.
69	69	(d) The joint interim committee shall issue a written
70	70	preliminary determination that a federal law violates Article I,
71	71	Texas Constitution, if a majority of the members appointed to the
72	72	committee vote in the affirmative. The committee shall deliver the
73	73	written preliminary determination to the governor.
74	74	(e) Joint interim committee members serve until the
75	75	convening of the next regular session of the legislature.
76	76	(f) The lieutenant governor or the speaker of the house of
77	77	representatives, as applicable, shall appoint a member to fill a
78	78	vacancy in the committee.
79	79	(g) The joint interim committee has all other powers and
80	80	duties provided to a special or select committee by the rules of the
81	81	senate and house of representatives, by Subchapter B, Chapter 301,
82	82	Government Code, and by policies of the senate and house committees
83	83	on administration.
84	84	Sec. 393.007. CONVENING LEGISLATURE WHEN NOT IN SESSION TO
85	85	CONSIDER FEDERAL LAWS. (a) If the legislature is not otherwise
86	86	convened in regular or special session, the governor shall convene
87	87	a special session of the legislature not later than the 30th day
88	88	after the date the governor receives:
89	89	(1) a written petition under Section 393.005; or
90	90	(2) a written preliminary determination under Section
91	91	393.006.
92	92	(b) The governor shall include in the purposes of the
93	93	special session consideration of federal laws that may violate
94	94	Article I, Texas Constitution.
95	95	Sec. 393.008. CONSIDERATION OF FEDERAL LAW BY COMMITTEES OF
96	96	THE WHOLE. (a) The lieutenant governor shall convene a committee
97	97	of the whole of the senate and the speaker of the house of
98	98	representatives shall convene a committee of the whole of the house
99	99	of representatives to consider federal laws that may violate
100	100	Article I, Texas Constitution:
101	101	(1) not later than the fifth legislative day after the
102	102	date a petition is delivered under Section 393.005(b)(1); or
103	103	(2) on the first day of a special session convened
104	104	under Section 393.007.
105	105	(b) A committee of the whole may refer a federal law for
106	106	consideration under Section 393.003 to the full senate or house of
107	107	representatives, as applicable, on a majority vote of the members
108	108	of the committee of the whole of that chamber present and voting.
109	109	Sec. 393.009. PRIORITY IN LEGISLATIVE ORDER OF BUSINESS.
110	110	The lieutenant governor or the speaker of the house of
111	111	representatives shall place consideration of a federal law under
112	112	Section 393.003 ahead of any bills or resolutions in the chamber's
113	113	order of business on the first full legislative day the federal law
114	114	is eligible for consideration.
115	115	SECTION 2. This Act takes effect immediately if it receives
116	116	a vote of two-thirds of all the members elected to each house, as
117	117	provided by Section 39, Article III, Texas Constitution. If this
118	118	Act does not receive the vote necessary for immediate effect, this
119	119	Act takes effect September 1, 2017.