88R737 JON-F
By: Swanson H.B. No. 262
A BILL TO BE ENTITLED
AN ACT
relating to the identification of and prohibited cooperation by
state and local entities with certain federal acts that violate the
United States Constitution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 7, Government Code, is amended by adding
Chapter 794 to read as follows:
CHAPTER 794. IDENTIFICATION OF AND PROHIBITED COOPERATION WITH
CERTAIN UNCONSTITUTIONAL ACTS OF FEDERAL GOVERNMENT
Sec. 794.001. DEFINITIONS. In this chapter:
(1) "Political subdivision" has the meaning assigned
by Section 791.003.
(2) "State agency" has the meaning assigned by Section
751.001.
Sec. 794.002. REVIEW OF EXECUTIVE ORDERS. (a) On the last
day of each month, the attorney general shall provide a written
report to the governor, lieutenant governor, speaker of the house
of representatives, and each member of the legislature that:
(1) identifies each rule adopted by a federal
government agency during the previous month that:
(A) relates to:
(i) freedom of speech;
(ii) the freedom to assemble;
(iii) the freedom to petition the
government;
(iv) the freedom of the press;
(v) the free exercise of religion,
including the congregating of religious practitioners;
(vi) the right of the people to keep and
bear arms;
(vii) the regulation of the agriculture
industry;
(viii) the use of land;
(ix) the regulation of natural resources,
including oil and natural gas;
(x) the regulation of education;
(xi) the regulation of interscholastic,
intramural, or other extracurricular sports sponsored by an
institution of higher education, a school district, or a charter
school; or
(xii) powers not specifically granted to
the federal government by the United States Constitution;
(B) was adopted in response to an executive order
by the president of the United States; and
(C) violates the rights guaranteed to the
citizens of the United States by the United States Constitution or
exceeds the powers specifically granted to the federal government
by the United States Constitution; and
(2) provides the status of any lawsuit filed against
the federal government relating to a rule identified by any report
prepared under this section, including whether a court has found
the rule:
(A) to violate the rights guaranteed to the
citizens of the United States by the United States Constitution; or
(B) to exceed the powers specifically granted to
the federal government by the United States Constitution.
(b) The attorney general shall publish any report prepared
under this section on the attorney general's website and in the
Texas Register.
Sec. 794.003. COOPERATION WITH UNCONSTITUTIONAL ACTS.
Notwithstanding any other law, a state agency or political
subdivision may not cooperate with a federal government agency in
implementing an agency rule that a report published under Section
794.002 indicates:
(1) violates the rights guaranteed to the citizens of
the United States by the United States Constitution; or
(2) exceeds the powers specifically granted to the
federal government by the United States Constitution.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.