By: Biedermann H.B. No. 1359
A BILL TO BE ENTITLED
AN ACT
relating to proposing a referendum to the people of the State of
Texas on the question of whether this state should leave the United
States of America and establish an independent republic.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) At the general election to be held November
2, 2021, the voters shall be permitted to vote in a referendum on
the question of whether this state should leave the United States of
America and establish an independent republic.
(b) Notice of the election shall be given by inclusion of
the proposition in the proclamation by the governor ordering an
election on any proposed constitutional amendment to the state
constitution and in the notice of that election given by each county
judge, or, if no constitutional amendment is proposed, the governor
shall order and each county judge shall give notice for an election
proposing the referendum required by this section.
(c) The proposition shall be printed on the ballot above any
proposed constitutional amendment under the heading: "Referendum
Proposition."
(d) The ballot shall be printed to permit voting for or
against the proposition: "Should the legislature of the State of
Texas submit a plan for leaving the United States of America and
establishing an independent republic?"
(e) Returns of the votes cast on the proposition shall be
prepared and canvassed in the same manner as the returns on a
proposed constitutional amendment.
(f) Immediately after the results of the election are
certified by the governor, the secretary of state shall transmit a
copy of the certification to the lieutenant governor, the speaker
of the house of representatives, and each member of the
legislature.
(g) The referendum proposed under this section is
nonbinding on any decision of the legislature following the
submission of the report required by Section 2(h) of this Act.
SECTION 2. (a) The secretary of state shall immediately
transmit a copy of the governor's certification of the result of the
referendum required under Section 1 of this Act to:
(1) the president of the United States;
(2) the speaker of the House of Representatives and
the president of the Senate of the Congress of the United States;
and
(3) the members of the Texas delegation to the
Congress of the United States.
(b) The Texas Independence Committee is a joint interim
committee established to study and make recommendations regarding
the most effective and expeditious method by which Texas may be
returned to its status as an independent republic.
(c) The committee shall consider:
(1) recommendations for amending the Constitution of
Texas to accommodate the needs of an independent nation, including:
(A) the creation of new elected and appointed
offices;
(B) the modification of the powers, functions,
and titles of existing offices;
(C) the renaming of the State of Texas to the
Republic of Texas;
(D) the removal of unnecessary or undesirable
provisions that exist solely as a consequence of Texas' status as a
state within the United States of America; and
(E) the identification of fundamental rights
enumerated by the Constitution of the United States of America that
may not be adequately preserved in the Constitution of Texas;
(2) recommendations for amending Texas statutes to
accommodate the needs of an independent nation, including:
(A) the creation of new agencies;
(B) the modification of the powers, functions,
and names of existing agencies; and
(C) the identification of necessary and
desirable functions of government that are provided for under the
statutory law of the United States of America but not adequately
described in Texas statute;
(3) recommendations regarding transitional issues
which must be negotiated with the government of the United States of
America, including:
(A) any necessary or desirable changes in federal
law;
(B) the determination of citizenship of
residents of Texas;
(C) the disposition of the property and assets of
the United States of America currently in Texas;
(D) a temporary currency union;
(E) a free trade agreement;
(F) a common travel agreement;
(G) the status of Texans currently serving in the
armed forces of the United States of America;
(H) any necessary disposition of the Texas
portion of the national debt of the United States of America;
(I) a collective defense arrangement;
(J) a postal agreement;
(K) the payment of pensions to Texans who have
vested in the pension programs of the United States of America and
its subnational governments;
(L) a social security totalization agreement;
and
(M) any other transitional issues that the
committee may identify; and
(4) recommendations regarding any international
convention or multilateral agreement to which an independent Texas
may become a party in order to benefit the people of Texas or ensure
minimal disruption during a transition period.
(c) In addition to considering the issues described under
Subsection (b) of this section, the committee shall include within
its report required under Subsection (h) of this section a strategy
for achieving Texas independence not later than 60 months after the
date the results of the referendum election required under Section
1 of this Act are certified by the governor.
(d) The committee is composed of:
(1) the lieutenant governor;
(2) the speaker of the house of representatives;
(3) four senators appointed by the lieutenant
governor, one of whom must be the chair of the senate committee on
state affairs; and
(4) four members of the house of representatives
appointed by the speaker of the house of representatives, one of
whom must be the chair of the house committee on state affairs.
(e) The lieutenant governor and speaker of the house of
representatives shall serve as co-chairs of the committee.
(f) The committee shall convene at the call of the
co-chairs.
(g) The 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.
(h) Not later than December 31, 2022, the committee shall
report the committee's findings and recommendations to the
legislature.
(i) The committee is abolished and this Act expires January
1, 2023.
SECTION 3. (a) Section 2 of this Act takes effect on
December 2, 2021, but only if the referendum proposed by the 87th
Legislature, Regular Session, 2021, on the question of whether this
state should plan to leave the United States of America and
establish an independent republic is approved by the voters. If
that referendum is not approved by the voters, Section 2 has no
effect.
(b) Except as provided by Subsection (a) of this section,
this Act takes effect September 1, 2021.