LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION April 12, 2023 TO: Honorable Bryan Hughes, Chair, Senate Committee on State Affairs FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB242 by Middleton (Relating to the identification of and prohibited cooperation by state and local entities with certain federal acts that violate the United States Constitution.), As Introduced The fiscal implications of the bill cannot be determined at this time. It is unknown what federal agency rules, or how many, may be considered by a court to violate the rights guaranteed to the citizens of the United States by the federal constitution, or the potential loss of federal funds that may or may not result from federal sanctions for not enforcing such rules. The bill would require the Office of the Attorney General (OAG) to provide a monthly report to the legislature identifying each rule adopted by a federal agency during the previous month relating to certain subject matters that was adopted in response to an executive order and violates the constitutional rights of citizens. The OAG, in the report, would also identify the status and/or ruling of any lawsuit related to such rules. The bill would prohibit state agencies and political subdivisions from cooperating with a federal agency in implementing any rule that the OAG's report indicates has been found by a court to violate citizens' constitutional rights.It is unknown what federal agency rules, or how many, may be considered by a court to violate the rights guaranteed to the citizens of the United States by the federal constitution, or the potential loss of federal funds that may or may not result from federal sanctions for not enforcing such rules. Therefore the fiscal impact of the bill's provision prohibiting a state agency from cooperating with a federal agency in certain circumstances cannot be determined. This analysis assumes any additional work for the OAG resulting from the bill's reporting requirements could be absorbed within current resources. Local Government ImpactThe fiscal implications of the bill cannot be determined at this time. Source Agencies: b > td > 302 Office of the Attorney General, 781 Higher Education Coordinating Board, 978 San Jacinto College LBB Staff: b > td > JMc, LCO, HGR, NV, CMA
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
April 12, 2023
TO: Honorable Bryan Hughes, Chair, Senate Committee on State Affairs FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB242 by Middleton (Relating to the identification of and prohibited cooperation by state and local entities with certain federal acts that violate the United States Constitution.), As Introduced
TO: Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: SB242 by Middleton (Relating to the identification of and prohibited cooperation by state and local entities with certain federal acts that violate the United States Constitution.), As Introduced
Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
SB242 by Middleton (Relating to the identification of and prohibited cooperation by state and local entities with certain federal acts that violate the United States Constitution.), As Introduced
SB242 by Middleton (Relating to the identification of and prohibited cooperation by state and local entities with certain federal acts that violate the United States Constitution.), As Introduced
The fiscal implications of the bill cannot be determined at this time. It is unknown what federal agency rules, or how many, may be considered by a court to violate the rights guaranteed to the citizens of the United States by the federal constitution, or the potential loss of federal funds that may or may not result from federal sanctions for not enforcing such rules.
The fiscal implications of the bill cannot be determined at this time. It is unknown what federal agency rules, or how many, may be considered by a court to violate the rights guaranteed to the citizens of the United States by the federal constitution, or the potential loss of federal funds that may or may not result from federal sanctions for not enforcing such rules.
The bill would require the Office of the Attorney General (OAG) to provide a monthly report to the legislature identifying each rule adopted by a federal agency during the previous month relating to certain subject matters that was adopted in response to an executive order and violates the constitutional rights of citizens. The OAG, in the report, would also identify the status and/or ruling of any lawsuit related to such rules. The bill would prohibit state agencies and political subdivisions from cooperating with a federal agency in implementing any rule that the OAG's report indicates has been found by a court to violate citizens' constitutional rights.It is unknown what federal agency rules, or how many, may be considered by a court to violate the rights guaranteed to the citizens of the United States by the federal constitution, or the potential loss of federal funds that may or may not result from federal sanctions for not enforcing such rules. Therefore the fiscal impact of the bill's provision prohibiting a state agency from cooperating with a federal agency in certain circumstances cannot be determined. This analysis assumes any additional work for the OAG resulting from the bill's reporting requirements could be absorbed within current resources.
Local Government Impact
The fiscal implications of the bill cannot be determined at this time.
Source Agencies: b > td > 302 Office of the Attorney General, 781 Higher Education Coordinating Board, 978 San Jacinto College
302 Office of the Attorney General, 781 Higher Education Coordinating Board, 978 San Jacinto College
LBB Staff: b > td > JMc, LCO, HGR, NV, CMA
JMc, LCO, HGR, NV, CMA