85R3164 BEF-F
By: Hall S.J.R. No. 7
A JOINT RESOLUTION
proposing a constitutional amendment regarding the execution or
enforcement of federal laws that violate the Bill of Rights of the
Texas Constitution.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The Texas Constitution is amended by adding
Article XVIII to read as follows:
ARTICLE XVIII
Sec. 1. 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 this constitution.
Sec. 2. In this article:
(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. 3. (a) The legislature, by a majority vote of all the
members elected to each house, may find that a federal law violates
Article I.
(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. 4. 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 3(a)
to violate Article I.
Sec. 5. (a) The legislature may make a preliminary
determination that a federal law violates Article I 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. 6. (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.
(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.
(d) The joint interim committee shall issue a written
preliminary determination that a federal law violates Article I 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 senate and house of representatives may adopt joint
rules governing the operation of the joint interim committee.
Sec. 7. (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 5; or
(2) a written preliminary determination under Section
6.
(b) The governor shall include in the purposes of the
special session consideration of federal laws that may violate
Article I.
Sec. 8. (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:
(1) not later than the fifth legislative day after the
date a petition is delivered under Section 5(b)(1); or
(2) on the first day of a special session convened
under Section 7.
(b) A committee of the whole may refer a federal law for
consideration under Section 3 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. 9. The lieutenant governor or the speaker of the house
of representatives shall place consideration of a federal law under
Section 3 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 proposed constitutional amendment shall be
submitted to the voters at an election to be held November 7, 2017.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment regarding the execution
or enforcement of federal laws that violate the Bill of Rights of
the Texas Constitution."