88R1626 JG-D
By: Hall S.B. No. 307
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement within this state of certain federal
laws for federally declared public health emergencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
amended by adding Chapter 174 to read as follows:
CHAPTER 174. ENFORCEMENT OF CERTAIN FEDERAL LAWS RELATED TO
FEDERALLY DECLARED PUBLIC HEALTH EMERGENCIES
Sec. 174.001. DEFINITIONS. In this chapter:
(1) "Federally declared public health emergency"
means:
(A) a public health emergency declared by the
United States secretary of health and human services under 42
U.S.C. Section 247d; or
(B) an emergency or disaster declared, including
under a renewal of the declaration, by the president of the United
States in relation to a public health emergency described by
Paragraph (A) under:
(i) the National Emergencies Act (50 U.S.C.
Section 1601 et seq.); or
(ii) the Robert T. Stafford Disaster Relief
and Emergency Assistant Act (42 U.S.C. Section 5121 et seq.).
(2) "State money" means money the legislature
appropriates or money a state agency controls or directs.
Sec. 174.002. PROHIBITED ENFORCEMENT OF CERTAIN FEDERAL
LAWS. Notwithstanding any other law, a state agency, a political
subdivision, or a law enforcement officer or other person a state
agency or political subdivision employs may not enforce or provide
assistance to a federal agency or official with respect to
enforcing a federal statute, order, rule, or regulation that:
(1) is enacted or issued in response to a federally
declared public health emergency; and
(2) imposes a prohibition, restriction, or other
regulation that does not exist under this state's laws.
Sec. 174.003. CERTAIN POLITICAL SUBDIVISIONS INELIGIBLE
FOR RECEIPT OF STATE MONEY. (a) A political subdivision is
ineligible to receive state money if the political subdivision
enters into a contract or adopts a rule, order, ordinance, or policy
under which the political subdivision enforces or assists with the
enforcement of a federal statute, order, rule, or regulation
described by Section 174.002 or, by consistent actions, enforces or
assists with the enforcement of a federal statute, order, rule, or
regulation described by that section.
(b) If a final judicial determination in an action brought
under this chapter finds that a political subdivision has enforced
or assisted with the enforcement of a federal statute, order, rule,
or regulation that is prohibited under Section 174.002, the
political subdivision is ineligible to receive state money,
including money from the general revenue fund or a grant program a
state agency or other state entity administers, for the next state
fiscal year following the determination.
Sec. 174.004. COMPLAINT AND ATTORNEY GENERAL ACTION. (a)
An individual residing in the jurisdiction of a political
subdivision may file a complaint with the attorney general if the
individual offers evidence to support an allegation that the
political subdivision entered into a contract or adopted a rule,
order, ordinance, or policy under which the political subdivision
enforces or assists with the enforcement of any federal statute,
order, rule, or regulation that is prohibited under Section 174.002
or evidence to support an allegation that the political
subdivision, by consistent actions, enforces or assists with the
enforcement of any federal statute, order, rule, or regulation
described by that section. The individual must include with the
complaint the evidence supporting the complaint.
(b) If the attorney general determines that a complaint
filed under Subsection (a) against a political subdivision is
valid, the attorney general may file a petition for a writ of
mandamus or apply for other appropriate equitable relief in a
district court in Travis County or in a county in which the
principal office of the political subdivision is located to compel
the political subdivision to comply with Section 174.002. The
attorney general may recover reasonable expenses incurred in
obtaining relief under this subsection, including court costs,
reasonable attorney's fees, investigative costs, witness fees, and
deposition costs.
Sec. 174.005. APPEAL OF ATTORNEY GENERAL ACTION. An appeal
of an action brought under Section 174.004(b) is governed by the
procedures for accelerated appeals in civil cases under the Texas
Rules of Appellate Procedure. The appellate court shall render its
final order or judgment with the least possible delay.
Sec. 174.006. DEFENSE BY ATTORNEY GENERAL IN CERTAIN
ACTIONS. The attorney general shall defend a state agency or
political subdivision in an action brought against the agency or
political subdivision by the federal government for an act or
omission of the agency or political subdivision consistent with the
requirements of this chapter.
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.