Texas 2021 - 87th Regular

Texas House Bill HB1359 Compare Versions

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

Old	New	Differences
1	1	By: Biedermann H.B. No. 1359
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to proposing a referendum to the people of the State of
7	7	Texas on the question of whether this state should leave the United
8	8	States of America and establish an independent republic.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. (a) At the general election to be held November
11	11	2, 2021, the voters shall be permitted to vote in a referendum on
12	12	the question of whether this state should leave the United States of
13	13	America and establish an independent republic.
14	14	(b) Notice of the election shall be given by inclusion of
15	15	the proposition in the proclamation by the governor ordering an
16	16	election on any proposed constitutional amendment to the state
17	17	constitution and in the notice of that election given by each county
18	18	judge, or, if no constitutional amendment is proposed, the governor
19	19	shall order and each county judge shall give notice for an election
20	20	proposing the referendum required by this section.
21	21	(c) The proposition shall be printed on the ballot above any
22	22	proposed constitutional amendment under the heading: "Referendum
23	23	Proposition."
24	24	(d) The ballot shall be printed to permit voting for or
25	25	against the proposition: "Should the legislature of the State of
26	26	Texas submit a plan for leaving the United States of America and
27	27	establishing an independent republic?"
28	28	(e) Returns of the votes cast on the proposition shall be
29	29	prepared and canvassed in the same manner as the returns on a
30	30	proposed constitutional amendment.
31	31	(f) Immediately after the results of the election are
32	32	certified by the governor, the secretary of state shall transmit a
33	33	copy of the certification to the lieutenant governor, the speaker
34	34	of the house of representatives, and each member of the
35	35	legislature.
36	36	(g) The referendum proposed under this section is
37	37	nonbinding on any decision of the legislature following the
38	38	submission of the report required by Section 2(h) of this Act.
39	39	SECTION 2. (a) The secretary of state shall immediately
40	40	transmit a copy of the governor's certification of the result of the
41	41	referendum required under Section 1 of this Act to:
42	42	(1) the president of the United States;
43	43	(2) the speaker of the House of Representatives and
44	44	the president of the Senate of the Congress of the United States;
45	45	and
46	46	(3) the members of the Texas delegation to the
47	47	Congress of the United States.
48	48	(b) The Texas Independence Committee is a joint interim
49	49	committee established to study and make recommendations regarding
50	50	the most effective and expeditious method by which Texas may be
51	51	returned to its status as an independent republic.
52	52	(c) The committee shall consider:
53	53	(1) recommendations for amending the Constitution of
54	54	Texas to accommodate the needs of an independent nation, including:
55	55	(A) the creation of new elected and appointed
56	56	offices;
57	57	(B) the modification of the powers, functions,
58	58	and titles of existing offices;
59	59	(C) the renaming of the State of Texas to the
60	60	Republic of Texas;
61	61	(D) the removal of unnecessary or undesirable
62	62	provisions that exist solely as a consequence of Texas' status as a
63	63	state within the United States of America; and
64	64	(E) the identification of fundamental rights
65	65	enumerated by the Constitution of the United States of America that
66	66	may not be adequately preserved in the Constitution of Texas;
67	67	(2) recommendations for amending Texas statutes to
68	68	accommodate the needs of an independent nation, including:
69	69	(A) the creation of new agencies;
70	70	(B) the modification of the powers, functions,
71	71	and names of existing agencies; and
72	72	(C) the identification of necessary and
73	73	desirable functions of government that are provided for under the
74	74	statutory law of the United States of America but not adequately
75	75	described in Texas statute;
76	76	(3) recommendations regarding transitional issues
77	77	which must be negotiated with the government of the United States of
78	78	America, including:
79	79	(A) any necessary or desirable changes in federal
80	80	law;
81	81	(B) the determination of citizenship of
82	82	residents of Texas;
83	83	(C) the disposition of the property and assets of
84	84	the United States of America currently in Texas;
85	85	(D) a temporary currency union;
86	86	(E) a free trade agreement;
87	87	(F) a common travel agreement;
88	88	(G) the status of Texans currently serving in the
89	89	armed forces of the United States of America;
90	90	(H) any necessary disposition of the Texas
91	91	portion of the national debt of the United States of America;
92	92	(I) a collective defense arrangement;
93	93	(J) a postal agreement;
94	94	(K) the payment of pensions to Texans who have
95	95	vested in the pension programs of the United States of America and
96	96	its subnational governments;
97	97	(L) a social security totalization agreement;
98	98	and
99	99	(M) any other transitional issues that the
100	100	committee may identify; and
101	101	(4) recommendations regarding any international
102	102	convention or multilateral agreement to which an independent Texas
103	103	may become a party in order to benefit the people of Texas or ensure
104	104	minimal disruption during a transition period.
105	105	(c) In addition to considering the issues described under
106	106	Subsection (b) of this section, the committee shall include within
107	107	its report required under Subsection (h) of this section a strategy
108	108	for achieving Texas independence not later than 60 months after the
109	109	date the results of the referendum election required under Section
110	110	1 of this Act are certified by the governor.
111	111	(d) The committee is composed of:
112	112	(1) the lieutenant governor;
113	113	(2) the speaker of the house of representatives;
114	114	(3) four senators appointed by the lieutenant
115	115	governor, one of whom must be the chair of the senate committee on
116	116	state affairs; and
117	117	(4) four members of the house of representatives
118	118	appointed by the speaker of the house of representatives, one of
119	119	whom must be the chair of the house committee on state affairs.
120	120	(e) The lieutenant governor and speaker of the house of
121	121	representatives shall serve as co-chairs of the committee.
122	122	(f) The committee shall convene at the call of the
123	123	co-chairs.
124	124	(g) The committee has all other powers and duties provided
125	125	to a special or select committee by the rules of the senate and
126	126	house of representatives, by Subchapter B, Chapter 301, Government
127	127	Code, and by policies of the senate and house committees on
128	128	administration.
129	129	(h) Not later than December 31, 2022, the committee shall
130	130	report the committee's findings and recommendations to the
131	131	legislature.
132	132	(i) The committee is abolished and this Act expires January
133	133	1, 2023.
134	134	SECTION 3. (a) Section 2 of this Act takes effect on
135	135	December 2, 2021, but only if the referendum proposed by the 87th
136	136	Legislature, Regular Session, 2021, on the question of whether this
137	137	state should plan to leave the United States of America and
138	138	establish an independent republic is approved by the voters. If
139	139	that referendum is not approved by the voters, Section 2 has no
140	140	effect.
141	141	(b) Except as provided by Subsection (a) of this section,
142	142	this Act takes effect September 1, 2021.