Texas 2021 - 87th Regular

Texas Senate Bill SCR12 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.C.R. No. 12
	1	+	By: Creighton, et al. S.C.R. No. 12
	2	+	(King of Parker, Harris)
2	3
3	4
4	5		SENATE CONCURRENT RESOLUTION
5	6		WHEREAS, Each member of the legislature has sworn a solemn
6	7		oath to defend our United States and Texas Constitutions and takes
7	8		great pride in being a citizen of the United States of America,
8	9		where citizens have the right to petition their government for
9	10		redress of grievances; and
10	11		WHEREAS, Section 1, Article I, Texas Constitution, states
11	12		that "the perpetuity of the Union depend[s] upon the preservation
12	13		of the right of local self-government, unimpaired to all the
13	14		States"; Section 2, Article I, declares, "All political power is
14	15		inherent in the people, and all free governments are founded on
15	16		their authority, and instituted for their benefit. The faith of the
16	17		people of Texas stands pledged to the preservation of a republican
17	18		form of government, and, subject to this limitation only, they have
18	19		at all times the inalienable right to alter, reform or abolish their
19	20		government in such manner as they may think expedient"; and
20	21		WHEREAS, The Tenth Amendment to the Constitution of the
21	22		United States of America reads as follows: "The powers not
22	23		delegated to the United States by the Constitution, nor prohibited
23	24		by it to the States, are reserved to the States respectively, or to
24	25		the people"; and
25	26		WHEREAS, The Tenth Amendment to the Constitution of the
26	27		United States of America defines the total scope of federal power as
27	28		being that specifically granted by the U.S. Constitution and no
28	29		more; and
29	30		WHEREAS, The Tenth Amendment to the Constitution of the
30	31		United States of America means that the federal government was
31	32		created by the states specifically to be an agent of the states with
32	33		powers both limited and enumerated; and
33	34		WHEREAS, Today, in 2021, the states are demonstrably treated
34	35		as agents of the federal government; and
35	36		WHEREAS, Many powers assumed by the federal government as
36	37		well as federal laws and mandates are in direct violation of the
37	38		Tenth Amendment to the Constitution of the United States of
38	39		America; and
39	40		WHEREAS, The Tenth Amendment assures that we, the people of
40	41		the United States of America and each sovereign state in the Union
41	42		of States, have always had rights that the federal government may
42	43		not usurp; and
43	44		WHEREAS, Section 4, Article IV, of the United States
44	45		Constitution says, "The United States shall guarantee to every
45	46		State in this Union a Republican Form of Government," and the Ninth
46	47		Amendment states, "The enumeration in the Constitution, of certain
47	48		rights, shall not be construed to deny or disparage others retained
48	49		by the people"; and
49	50		WHEREAS, The United States Supreme Court has ruled in New
50	51		York v. United States, 505 U.S. 144 (1992), that Congress may not
51	52		simply commandeer the legislative and regulatory processes of the
52	53		states; and
53	54		WHEREAS, A number of proposals from previous
54	55		administrations, as well as from Congress, may further violate the
55	56		Constitution of the United States of America; now, therefore, be it
56	57		RESOLVED, That the 87th Legislature of the State of Texas
57	58		hereby claim sovereignty under the Tenth Amendment to the
58	59		Constitution of the United States of America over all powers not
59	60		otherwise enumerated and granted to the federal government by the
60	61		Constitution of the United States of America; and, be it further
61	62		RESOLVED, That this serve as notice and demand that the
62	63		federal government, as our agent, halt and reverse, effective
63	64		immediately, its practice of assuming powers and imposing mandates
64	65		and laws upon the states for purposes not enumerated by the
65	66		Constitution of the United States of America; and, be it further
66	67		RESOLVED, That all compulsory federal legislation not
67	68		necessary to ensure rights guaranteed the people under the
68	69		Constitution of the United States that directs states to comply
69	70		under threat of civil or criminal penalties or sanctions or that
70	71		requires states to pass legislation or lose federal funding be
71	72		prohibited and repealed; and, be it further
72	73		RESOLVED, That the Texas secretary of state forward official
73	74		copies of this resolution to the president of the United States, to
74	75		the president of the Senate and the speaker of the House of
75	76		Representatives of the United States Congress, and to all members
76	77		of the Texas delegation to Congress with the request that this
77	78		resolution be officially entered in the Congressional Record as a
78	79		memorial to the Congress of the United States of America.
79		-	______________________________ ______________________________
80		-	President of the Senate Speaker of the House
81		-	______________________________ ______________________________
82		-	President of the Senate Speaker of the House
83		-	I hereby certify that S.C.R. No. 12 was adopted by the Senate
84		-	on April 20, 2021, by the following vote: Yeas 18, Nays 13.
85		-	______________________________
86		-	Secretary of the Senate
87		-	I hereby certify that S.C.R. No. 12 was adopted by the House
88		-	on May 20, 2021, by the following vote: Yeas 85, Nays 60,
89		-	one present not voting.
90		-	______________________________
91		-	Chief Clerk of the House
92		-	Approved:
93		-	______________________________
94		-	Date
95		-	______________________________
96		-	Governor