Texas 2019 - 86th Regular

Texas House Bill HB1347 Compare Versions

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

Old	New	Differences
1	1	86R4953 TJB-F
2	2	By: Bell of Montgomery H.B. No. 1347
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Texas Sovereignty Act.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. (a) This Act may be cited as the Texas
10	10	Sovereignty Act.
11	11	(b) The legislature finds that:
12	12	(1) The people of the several states forming the
13	13	United States of America created the federal government to be their
14	14	agent for certain enumerated powers delegated by the states and the
15	15	people to the federal government through the United States
16	16	Constitution.
17	17	(2) The Tenth Amendment to the United States
18	18	Constitution confirms the intent and understanding of the people of
19	19	the United States that all powers not delegated to the United States
20	20	by the Constitution, or prohibited by it to the states, are reserved
21	21	to the states respectively, or to the people.
22	22	(3) Each power delegated to the federal government by
23	23	the United States Constitution is constitutionally limited to that
24	24	power as it was understood and exercised at the time it was
25	25	delegated. An amendment to the Constitution as ratified by the
26	26	states is required to expand or limit a constitutionally delegated
27	27	power.
28	28	(4) The United States Constitution authorizes the
29	29	United States Congress to exercise only those specific powers
30	30	enumerated in Section 8, Article I, United States Constitution, and
31	31	those other powers as may be delegated to Congress through
32	32	amendments to the Constitution as ratified by the states.
33	33	(5) Article VI, United States Constitution, makes
34	34	supreme the Constitution and federal laws enacted pursuant to the
35	35	Constitution, further requiring that public officials at all levels
36	36	and in all branches of government support the Constitution.
37	37	(6) The power delegated to the United States Congress
38	38	to regulate commerce among the several states under Section 8,
39	39	Article I, United States Constitution, is limited to federal
40	40	regulation of actual commerce between the states and among foreign
41	41	nations. Regulation of intrastate commerce is reserved to the
42	42	states and to the people of the states. The Commerce Clause of the
43	43	Constitution constrains the legislative, executive, and judicial
44	44	branches of the federal government.
45	45	(7) The power delegated to the United States Congress
46	46	to make all necessary and proper federal laws under Section 8,
47	47	Article I, United States Constitution, allows Congress to enact
48	48	only those laws necessary and proper to execute the
49	49	constitutionally delegated powers vested in the federal
50	50	government, all other powers being reserved to the states and to the
51	51	people of the states.
52	52	(8) The power delegated to the United States Congress
53	53	to provide for the general welfare of the United States under
54	54	Section 8, Article I, United States Constitution, in the General
55	55	Welfare Clause constitutionally constrains Congress when
56	56	exercising a delegated power to act in a manner that serves the
57	57	states and the people of the states well and uniformly.
58	58	(9) Sections 1 and 2, Article I, Texas Constitution,
59	59	provide that this state and the people of this state retain the
60	60	sovereign power to regulate the affairs of Texas, subject only to
61	61	the United States Constitution.
62	62	(c) The federal government does not have the power to take
63	63	any legislative, executive, or judicial action that violates the
64	64	United States Constitution.
65	65	(d) The contract with the State of Texas has been willfully
66	66	violated by the federal government and must be constitutionally
67	67	restored.
68	68	(e) This Act calls on all officials in federal, state, and
69	69	local government, in all branches and at all levels, to honor their
70	70	oaths to preserve, protect, and defend the United States
71	71	Constitution and its ratified amendments against any federal action
72	72	that:
73	73	(1) would unconstitutionally undermine, diminish, or
74	74	disregard the balance of powers between the sovereign states and
75	75	the federal government established by the United States
76	76	Constitution and its ratified amendments; or
77	77	(2) is outside the scope of the power delegated to the
78	78	federal government by the United States Constitution.
79	79	SECTION 2. Subtitle Z, Title 3, Government Code, is amended
80	80	by adding Chapter 394 to read as follows:
81	81	CHAPTER 394. ENFORCEMENT OF UNITED STATES CONSTITUTION
82	82	Sec. 394.001. DEFINITIONS. In this chapter:
83	83	(1) "Committee" means the Joint Legislative Committee
84	84	on Constitutional Enforcement.
85	85	(2) "Federal action" includes:
86	86	(A) a federal law;
87	87	(B) a federal agency rule, policy, or standard;
88	88	(C) an executive order of the president of the
89	89	United States;
90	90	(D) an order or decision of a federal court; and
91	91	(E) the making or enforcing of a treaty.
92	92	(3) "Unconstitutional federal action" means a federal
93	93	action enacted, adopted, or implemented without authority
94	94	specifically delegated to the federal government by the people and
95	95	the states through the United States Constitution.
96	96	Sec. 394.002. JOINT LEGISLATIVE COMMITTEE ON
97	97	CONSTITUTIONAL ENFORCEMENT. (a) The Joint Legislative Committee
98	98	on Constitutional Enforcement is established as a permanent joint
99	99	committee of the legislature. The committee is established to
100	100	review federal actions that challenge the sovereignty of the state
101	101	and of the people for the purpose of determining if the federal
102	102	action is unconstitutional.
103	103	(b) The committee consists of the following 12 members:
104	104	(1) six members of the house of representatives
105	105	appointed by the speaker of the house; and
106	106	(2) six members of the senate appointed by the
107	107	lieutenant governor.
108	108	(c) Not more than four house members of the committee may be
109	109	members of the same political party. Not more than four senate
110	110	members of the committee may be members of the same political party.
111	111	(d) Members of the committee serve two-year terms beginning
112	112	with the convening of each regular legislative session.
113	113	(e) If a vacancy occurs on the committee, the appropriate
114	114	appointing officer shall appoint a member of the house or senate, as
115	115	appropriate, to serve for the remainder of the unexpired term.
116	116	(f) The speaker of the house and the lieutenant governor
117	117	shall each designate one member of the committee as a joint chair of
118	118	the committee.
119	119	(g) The committee shall meet at the call of either joint
120	120	chair.
121	121	(h) A majority of the members of the committee constitute a
122	122	quorum.
123	123	Sec. 394.003. COMMITTEE REVIEW OF FEDERAL ACTION. (a) The
124	124	committee may review any federal action to determine whether the
125	125	action is an unconstitutional federal action.
126	126	(b) When reviewing a federal action, the committee shall
127	127	consider the plain reading and reasoning of the text of the United
128	128	States Constitution and the understood definitions at the time of
129	129	the framing and construction of the Constitution by our forefathers
130	130	before making a final declaration of constitutionality, as
131	131	demonstrated by:
132	132	(1) the ratifying debates in the several states;
133	133	(2) the understanding of the leading participants at
134	134	the constitutional convention;
135	135	(3) the understanding of the doctrine in question by
136	136	the constitutions of the several states in existence at the time the
137	137	United States Constitution was adopted;
138	138	(4) the understanding of the United States
139	139	Constitution by the first United States Congress;
140	140	(5) the opinions of the first chief justice of the
141	141	United States Supreme Court;
142	142	(6) the background understanding of the doctrine in
143	143	question under the English Constitution of the time; and
144	144	(7) the statements of support for natural law and
145	145	natural rights by the framers and the philosophers admired by the
146	146	framers.
147	147	(c) Not later than the 180th day after the date the
148	148	committee holds its first public hearing to review a specific
149	149	federal action, the committee shall vote to determine whether the
150	150	action is an unconstitutional federal action.
151	151	(d) The committee may determine that a federal action is an
152	152	unconstitutional federal action by majority vote.
153	153	Sec. 394.004. LEGISLATIVE DETERMINATION. (a) If the
154	154	committee determines that a federal action is an unconstitutional
155	155	federal action, the committee shall report the determination to the
156	156	house of representatives and to the senate during:
157	157	(1) the current session of the legislature if the
158	158	legislature is convened when the committee makes the determination;
159	159	or
160	160	(2) the next regular or special session of the
161	161	legislature if the legislature is not convened when the committee
162	162	makes the determination.
163	163	(b) Each house of the legislature shall vote on whether the
164	164	federal action is an unconstitutional federal action. If a
165	165	majority of the members of each house determine that the federal
166	166	action is an unconstitutional federal action, the determination
167	167	shall be sent to the governor for approval or disapproval as
168	168	provided by Section 14, Article IV, Texas Constitution, regarding
169	169	bills.
170	170	(c) A federal action is declared by the state to be an
171	171	unconstitutional federal action on the day:
172	172	(1) the governor approves the vote of the legislature
173	173	making the determination; or
174	174	(2) the determination would become law if presented to
175	175	the governor as a bill and not objected to by the governor.
176	176	(d) The secretary of state shall forward official copies of
177	177	the declaration to the president of the United States, to the
178	178	speaker of the House of Representatives and the president of the
179	179	Senate of the Congress of the United States, and to all members of
180	180	the Texas delegation to Congress with the request that the
181	181	declaration of unconstitutional federal action be entered in the
182	182	Congressional Record.
183	183	Sec. 394.005. OTHER DETERMINATIONS OF UNCONSTITUTIONAL
184	184	FEDERAL ACTS. (a) This chapter does not limit or alter the
185	185	authority of the governor, the attorney general, a statewide
186	186	elected official, a state or federal court, a judge or justice, a
187	187	state or local appointed or elected official, or the governing body
188	188	of a political subdivision of this state to issue a verbal or
189	189	written opinion determining a federal action to be
190	190	unconstitutional.
191	191	(b) An opinion issued under Subsection (a) may be referred
192	192	to the committee for review under this chapter.
193	193	Sec. 394.006. EFFECT OF DECLARED UNCONSTITUTIONAL FEDERAL
194	194	ACTION. (a) A federal action declared to be an unconstitutional
195	195	federal action under Section 394.004 has no legal effect in this
196	196	state and may not be recognized by this state or a political
197	197	subdivision of this state as having legal effect.
198	198	(b) The state and a political subdivision of the state may
199	199	not spend public money or resources or incur public debt to
200	200	implement or enforce a federal action declared to be an
201	201	unconstitutional federal action.
202	202	(c) A person authorized to enforce the laws of this state
203	203	may enforce those laws, including Section 39.03, Penal Code,
204	204	against a person who attempts to implement or enforce a federal
205	205	action declared to be an unconstitutional federal action.
206	206	(d) This chapter does not prohibit a public officer who has
207	207	taken an oath to defend the United States Constitution from
208	208	interposing to stop acts of the federal government which, in the
209	209	officer's best understanding and judgment, violate the United
210	210	States Constitution.
211	211	(e) Texas officials in federal, state, and local government
212	212	shall honor their oaths to preserve, protect, and defend the United
213	213	States Constitution and shall act to constitutionally defend this
214	214	state and the people of this state.
215	215	Sec. 394.007. AUTHORITY OF ATTORNEY GENERAL. (a) The
216	216	attorney general may defend the state to prevent the implementation
217	217	and enforcement of a federal action declared to be an
218	218	unconstitutional federal action.
219	219	(b) The attorney general may prosecute a person who attempts
220	220	to implement or enforce a federal action declared to be an
221	221	unconstitutional federal action using Section 39.03, Penal Code, or
222	222	another provision of law.
223	223	(c) The attorney general may appear before a grand jury in
224	224	connection with an offense the attorney general is authorized to
225	225	prosecute under Subsection (b).
226	226	(d) The authority to prosecute prescribed by this chapter
227	227	does not affect the authority derived from other law to prosecute
228	228	the same offenses.
229	229	SECTION 3. Chapter 37, Civil Practice and Remedies Code, is
230	230	amended by adding Section 37.0056 to read as follows:
231	231	Sec. 37.0056. DECLARATIONS RELATING TO UNCONSTITUTIONAL
232	232	ACTS OF THE FEDERAL GOVERNMENT. (a) In this section, "federal
233	233	action" and "unconstitutional federal action" have the meanings
234	234	assigned by Section 394.001, Government Code.
235	235	(b) Any court in this state has original jurisdiction of a
236	236	proceeding seeking a declaratory judgment that a federal action
237	237	effective in this state is an unconstitutional federal action.
238	238	(c) A person is entitled to declaratory relief if the court
239	239	determines that a federal action is an unconstitutional federal
240	240	action.
241	241	(d) In determining whether to grant declaratory relief to a
242	242	person under this section, a court:
243	243	(1) may not rely solely on the decisions of other
244	244	courts interpreting the United States Constitution; and
245	245	(2) must rely on the plain meaning of the text of the
246	246	United States Constitution and any applicable constitutional
247	247	doctrine as understood by the framers of the constitution.
248	248	(e) Section 37.008 does not apply to relief sought under
249	249	this section.
250	250	SECTION 4. (a) Not later than the 30th day following the
251	251	effective date of this Act:
252	252	(1) the speaker of the house of representatives and
253	253	the lieutenant governor shall appoint the initial members of the
254	254	Joint Legislative Committee on Constitutional Enforcement
255	255	established under Section 394.002, Government Code, as added by
256	256	this Act; and
257	257	(2) the secretary of state shall forward official
258	258	copies of this Act to the president of the United States, to the
259	259	speaker of the House of Representatives and the president of the
260	260	Senate of the Congress of the United States, and to all members of
261	261	the Texas delegation to Congress with the request that this Act be
262	262	officially entered in the Congressional Record.
263	263	(b) Not later than the 45th day following the effective date
264	264	of this Act, the speaker of the house of representatives and the
265	265	lieutenant governor shall forward official copies of this Act to
266	266	the presiding officers of the legislatures of the several states.
267	267	SECTION 5. This Act takes effect immediately if it receives
268	268	a vote of two-thirds of all the members elected to each house, as
269	269	provided by Section 39, Article III, Texas Constitution. If this
270	270	Act does not receive the vote necessary for immediate effect, this
271	271	Act takes effect September 1, 2019.