Texas 2023 - 88th Regular

Texas House Bill HB262 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R737 JON-F
2	2	By: Swanson H.B. No. 262
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the identification of and prohibited cooperation by
8	8	state and local entities with certain federal acts that violate the
9	9	United States Constitution.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 7, Government Code, is amended by adding
12	12	Chapter 794 to read as follows:
13	13	CHAPTER 794. IDENTIFICATION OF AND PROHIBITED COOPERATION WITH
14	14	CERTAIN UNCONSTITUTIONAL ACTS OF FEDERAL GOVERNMENT
15	15	Sec. 794.001. DEFINITIONS. In this chapter:
16	16	(1) "Political subdivision" has the meaning assigned
17	17	by Section 791.003.
18	18	(2) "State agency" has the meaning assigned by Section
19	19	751.001.
20	20	Sec. 794.002. REVIEW OF EXECUTIVE ORDERS. (a) On the last
21	21	day of each month, the attorney general shall provide a written
22	22	report to the governor, lieutenant governor, speaker of the house
23	23	of representatives, and each member of the legislature that:
24	24	(1) identifies each rule adopted by a federal
25	25	government agency during the previous month that:
26	26	(A) relates to:
27	27	(i) freedom of speech;
28	28	(ii) the freedom to assemble;
29	29	(iii) the freedom to petition the
30	30	government;
31	31	(iv) the freedom of the press;
32	32	(v) the free exercise of religion,
33	33	including the congregating of religious practitioners;
34	34	(vi) the right of the people to keep and
35	35	bear arms;
36	36	(vii) the regulation of the agriculture
37	37	industry;
38	38	(viii) the use of land;
39	39	(ix) the regulation of natural resources,
40	40	including oil and natural gas;
41	41	(x) the regulation of education;
42	42	(xi) the regulation of interscholastic,
43	43	intramural, or other extracurricular sports sponsored by an
44	44	institution of higher education, a school district, or a charter
45	45	school; or
46	46	(xii) powers not specifically granted to
47	47	the federal government by the United States Constitution;
48	48	(B) was adopted in response to an executive order
49	49	by the president of the United States; and
50	50	(C) violates the rights guaranteed to the
51	51	citizens of the United States by the United States Constitution or
52	52	exceeds the powers specifically granted to the federal government
53	53	by the United States Constitution; and
54	54	(2) provides the status of any lawsuit filed against
55	55	the federal government relating to a rule identified by any report
56	56	prepared under this section, including whether a court has found
57	57	the rule:
58	58	(A) to violate the rights guaranteed to the
59	59	citizens of the United States by the United States Constitution; or
60	60	(B) to exceed the powers specifically granted to
61	61	the federal government by the United States Constitution.
62	62	(b) The attorney general shall publish any report prepared
63	63	under this section on the attorney general's website and in the
64	64	Texas Register.
65	65	Sec. 794.003. COOPERATION WITH UNCONSTITUTIONAL ACTS.
66	66	Notwithstanding any other law, a state agency or political
67	67	subdivision may not cooperate with a federal government agency in
68	68	implementing an agency rule that a report published under Section
69	69	794.002 indicates:
70	70	(1) violates the rights guaranteed to the citizens of
71	71	the United States by the United States Constitution; or
72	72	(2) exceeds the powers specifically granted to the
73	73	federal government by the United States Constitution.
74	74	SECTION 2. This Act takes effect immediately if it receives
75	75	a vote of two-thirds of all the members elected to each house, as
76	76	provided by Section 39, Article III, Texas Constitution. If this
77	77	Act does not receive the vote necessary for immediate effect, this
78	78	Act takes effect September 1, 2023.