Texas 2023 - 88th Regular

Texas Senate Bill SB307 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R1626 JG-D
2	2	By: Hall S.B. No. 307
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the enforcement within this state of certain federal
8	8	laws for federally declared public health emergencies.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
11	11	amended by adding Chapter 174 to read as follows:
12	12	CHAPTER 174. ENFORCEMENT OF CERTAIN FEDERAL LAWS RELATED TO
13	13	FEDERALLY DECLARED PUBLIC HEALTH EMERGENCIES
14	14	Sec. 174.001. DEFINITIONS. In this chapter:
15	15	(1) "Federally declared public health emergency"
16	16	means:
17	17	(A) a public health emergency declared by the
18	18	United States secretary of health and human services under 42
19	19	U.S.C. Section 247d; or
20	20	(B) an emergency or disaster declared, including
21	21	under a renewal of the declaration, by the president of the United
22	22	States in relation to a public health emergency described by
23	23	Paragraph (A) under:
24	24	(i) the National Emergencies Act (50 U.S.C.
25	25	Section 1601 et seq.); or
26	26	(ii) the Robert T. Stafford Disaster Relief
27	27	and Emergency Assistant Act (42 U.S.C. Section 5121 et seq.).
28	28	(2) "State money" means money the legislature
29	29	appropriates or money a state agency controls or directs.
30	30	Sec. 174.002. PROHIBITED ENFORCEMENT OF CERTAIN FEDERAL
31	31	LAWS. Notwithstanding any other law, a state agency, a political
32	32	subdivision, or a law enforcement officer or other person a state
33	33	agency or political subdivision employs may not enforce or provide
34	34	assistance to a federal agency or official with respect to
35	35	enforcing a federal statute, order, rule, or regulation that:
36	36	(1) is enacted or issued in response to a federally
37	37	declared public health emergency; and
38	38	(2) imposes a prohibition, restriction, or other
39	39	regulation that does not exist under this state's laws.
40	40	Sec. 174.003. CERTAIN POLITICAL SUBDIVISIONS INELIGIBLE
41	41	FOR RECEIPT OF STATE MONEY. (a) A political subdivision is
42	42	ineligible to receive state money if the political subdivision
43	43	enters into a contract or adopts a rule, order, ordinance, or policy
44	44	under which the political subdivision enforces or assists with the
45	45	enforcement of a federal statute, order, rule, or regulation
46	46	described by Section 174.002 or, by consistent actions, enforces or
47	47	assists with the enforcement of a federal statute, order, rule, or
48	48	regulation described by that section.
49	49	(b) If a final judicial determination in an action brought
50	50	under this chapter finds that a political subdivision has enforced
51	51	or assisted with the enforcement of a federal statute, order, rule,
52	52	or regulation that is prohibited under Section 174.002, the
53	53	political subdivision is ineligible to receive state money,
54	54	including money from the general revenue fund or a grant program a
55	55	state agency or other state entity administers, for the next state
56	56	fiscal year following the determination.
57	57	Sec. 174.004. COMPLAINT AND ATTORNEY GENERAL ACTION. (a)
58	58	An individual residing in the jurisdiction of a political
59	59	subdivision may file a complaint with the attorney general if the
60	60	individual offers evidence to support an allegation that the
61	61	political subdivision entered into a contract or adopted a rule,
62	62	order, ordinance, or policy under which the political subdivision
63	63	enforces or assists with the enforcement of any federal statute,
64	64	order, rule, or regulation that is prohibited under Section 174.002
65	65	or evidence to support an allegation that the political
66	66	subdivision, by consistent actions, enforces or assists with the
67	67	enforcement of any federal statute, order, rule, or regulation
68	68	described by that section. The individual must include with the
69	69	complaint the evidence supporting the complaint.
70	70	(b) If the attorney general determines that a complaint
71	71	filed under Subsection (a) against a political subdivision is
72	72	valid, the attorney general may file a petition for a writ of
73	73	mandamus or apply for other appropriate equitable relief in a
74	74	district court in Travis County or in a county in which the
75	75	principal office of the political subdivision is located to compel
76	76	the political subdivision to comply with Section 174.002. The
77	77	attorney general may recover reasonable expenses incurred in
78	78	obtaining relief under this subsection, including court costs,
79	79	reasonable attorney's fees, investigative costs, witness fees, and
80	80	deposition costs.
81	81	Sec. 174.005. APPEAL OF ATTORNEY GENERAL ACTION. An appeal
82	82	of an action brought under Section 174.004(b) is governed by the
83	83	procedures for accelerated appeals in civil cases under the Texas
84	84	Rules of Appellate Procedure. The appellate court shall render its
85	85	final order or judgment with the least possible delay.
86	86	Sec. 174.006. DEFENSE BY ATTORNEY GENERAL IN CERTAIN
87	87	ACTIONS. The attorney general shall defend a state agency or
88	88	political subdivision in an action brought against the agency or
89	89	political subdivision by the federal government for an act or
90	90	omission of the agency or political subdivision consistent with the
91	91	requirements of this chapter.
92	92	SECTION 2. This Act takes effect immediately if it receives
93	93	a vote of two-thirds of all the members elected to each house, as
94	94	provided by Section 39, Article III, Texas Constitution. If this
95	95	Act does not receive the vote necessary for immediate effect, this
96	96	Act takes effect September 1, 2023.