85R1932 BEF-F
By: Hall S.B. No. 89
A BILL TO BE ENTITLED
AN ACT
relating to the execution or enforcement of federal laws that
violate the Bill of Rights of the Texas Constitution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle Z, Title 3, Government Code, is amended
by adding Chapter 393 to read as follows:
CHAPTER 393. FEDERAL LAWS THAT VIOLATE BILL OF RIGHTS OF TEXAS
CONSTITUTION
Sec. 393.001. POLICY. It is the policy of this state to
refuse to provide material support for, or to participate in the
execution or enforcement of, any federal law that the legislature
finds to violate the Bill of Rights of the Texas Constitution.
Sec. 393.002. DEFINITIONS. In this chapter:
(1) "Federal law" means any federal order, law,
policy, rule, mandate, or agency regulation.
(2) "Provision, penalty, or sanction" includes a
provision of federal law that provides a civil or criminal fine or
penalty, an administrative penalty, a tax, a surcharge, or a fee, or
for the suspension or revocation of a license, the suspension or
revocation of the authority to engage in business in this state, the
withholding or garnishment of a salary or wage, or any other action
or consequence under the law.
Sec. 393.003. LEGISLATIVE FINDING OF VIOLATION;
INTERPOSITION. (a) The legislature, by a majority vote of all the
members elected to each house, may find that a federal law violates
Article I, Texas Constitution.
(b) The legislature may include in a finding under
Subsection (a) the manner in which the legislature may interpose
itself between the federal government and persons in this state to
oppose the federal government in the execution and enforcement of
the federal law.
Sec. 393.004. EXECUTION OR ENFORCEMENT OF FEDERAL LAW. A
state agency or political subdivision, or an officer or employee of
a state agency or political subdivision, may not execute or enforce
a provision, penalty, or sanction provided by a federal law that the
legislature has found under Section 393.003(a) to violate Article
I, Texas Constitution.
Sec. 393.005. PETITION TO CONSIDER FEDERAL LAW. (a) The
legislature may make a preliminary determination that a federal law
violates Article I, Texas Constitution, by written petition signed
by a majority of all members elected to the senate and a majority of
all members elected to the house of representatives.
(b) The members signing the petition shall deliver the
petition to:
(1) the lieutenant governor and the speaker of the
house of representatives, if the legislature is convened in regular
or special session; or
(2) the governor, if the legislature is not convened
in regular or special session.
Sec. 393.006. JOINT INTERIM COMMITTEE TO CONSIDER FEDERAL
LAWS. (a) At the close of each regular session of the legislature,
the lieutenant governor shall appoint three senators and the
speaker of the house of representatives shall appoint three members
of the house of representatives to a joint interim committee to
consider federal laws that may violate Article I, Texas
Constitution.
(b) The lieutenant governor and speaker of the house of
representatives shall each designate a co-chair from among the
joint interim committee members.
(c) When the legislature is not convened in regular or
special session, the joint interim committee shall meet at the
joint call of the co-chairs to consider whether a federal law may
violate Article I, Texas Constitution.
(d) The joint interim committee shall issue a written
preliminary determination that a federal law violates Article I,
Texas Constitution, if a majority of the members appointed to the
committee vote in the affirmative. The committee shall deliver the
written preliminary determination to the governor.
(e) Joint interim committee members serve until the
convening of the next regular session of the legislature.
(f) The lieutenant governor or the speaker of the house of
representatives, as applicable, shall appoint a member to fill a
vacancy in the committee.
(g) The joint interim committee has all other powers and
duties provided to a special or select committee by the rules of the
senate and house of representatives, by Subchapter B, Chapter 301,
Government Code, and by policies of the senate and house committees
on administration.
Sec. 393.007. CONVENING LEGISLATURE WHEN NOT IN SESSION TO
CONSIDER FEDERAL LAWS. (a) If the legislature is not otherwise
convened in regular or special session, the governor shall convene
a special session of the legislature not later than the 30th day
after the date the governor receives:
(1) a written petition under Section 393.005; or
(2) a written preliminary determination under Section
393.006.
(b) The governor shall include in the purposes of the
special session consideration of federal laws that may violate
Article I, Texas Constitution.
Sec. 393.008. CONSIDERATION OF FEDERAL LAW BY COMMITTEES OF
THE WHOLE. (a) The lieutenant governor shall convene a committee
of the whole of the senate and the speaker of the house of
representatives shall convene a committee of the whole of the house
of representatives to consider federal laws that may violate
Article I, Texas Constitution:
(1) not later than the fifth legislative day after the
date a petition is delivered under Section 393.005(b)(1); or
(2) on the first day of a special session convened
under Section 393.007.
(b) A committee of the whole may refer a federal law for
consideration under Section 393.003 to the full senate or house of
representatives, as applicable, on a majority vote of the members
of the committee of the whole of that chamber present and voting.
Sec. 393.009. PRIORITY IN LEGISLATIVE ORDER OF BUSINESS.
The lieutenant governor or the speaker of the house of
representatives shall place consideration of a federal law under
Section 393.003 ahead of any bills or resolutions in the chamber's
order of business on the first full legislative day the federal law
is eligible for consideration.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.