Texas 2025 - 89th Regular

Texas House Bill HB3634 Compare Versions

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11 89R11265 JCG-F
22 By: Metcalf H.B. No. 3634
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to renaming the Gulf of Mexico as the Gulf of America.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 ARTICLE 1. RENAMING OF TERMS IN STATE AGENCY RULES, POLICIES, AND
1212 OTHER MATERIALS
1313 SECTION 1.01. Subtitle B, Title 10, Government Code, is
1414 amended by adding Chapter 2063 to read as follows:
1515 CHAPTER 2063. RENAMING GULF OF MEXICO AS GULF OF AMERICA
1616 SUBCHAPTER A. GENERAL PROVISIONS
1717 Sec. 2063.001. SHORT TITLE. This chapter may be cited as
1818 the Renaming of the Gulf of Mexico for State Agency Consistency Act.
1919 Sec. 2063.002. PURPOSE. The purpose of this chapter is to
2020 ensure all state agencies align their rules, policies, and
2121 administrative actions with federal directives or law regarding the
2222 renaming of the Gulf of Mexico as the Gulf of America. This chapter
2323 seeks to safeguard state interests and property rights and provide
2424 for administrative consistency with federal laws, regulations, and
2525 funding mechanisms, while prioritizing public health and safety.
2626 Sec. 2063.003. DEFINITION. In this chapter, "state agency"
2727 means:
2828 (1) a department, commission, board, office, or other
2929 agency that is in the executive branch of state government and that
3030 was created by the constitution or a statute, including an
3131 institution of higher education as defined by Section 61.003,
3232 Education Code;
3333 (2) the legislature or a legislative state agency; or
3434 (3) the supreme court, the court of criminal appeals,
3535 a court of appeals, a district court, or the Texas Judicial Council
3636 or another agency in the judicial branch of state government.
3737 Sec. 2063.004. NO IMPAIRMENT ON LAW, RULES, OR PROCEEDINGS
3838 INTENDED. Nothing in this chapter may be construed to impair the
3939 legal validity or effect of a law or rule that contains a reference
4040 to the Gulf of Mexico or a legal proceeding governed by a law or rule
4141 containing a reference to the Gulf of Mexico.
4242 Sec. 2063.005. NONAPPLICABILITY. This chapter does not
4343 apply to a rule, policy, or other material in which renaming the
4444 Gulf of Mexico as the Gulf of America violates a condition of
4545 federal law or an executive order on which federal funding,
4646 benefits, obligations, or other legal requirements is based.
4747 SUBCHAPTER A-1. PUBLIC COMMENT BY GOVERNOR AND SECRETARY OF STATE
4848 Sec. 2063.031. PUBLIC COMMENT AND REPORT. (a) Not later
4949 than January 1, 2026, the governor, in collaboration with the
5050 secretary of state, shall:
5151 (1) provide an opportunity for the public to comment
5252 on the implementation of this chapter; and
5353 (2) produce a report summarizing the public commentary
5454 received under Subdivision (1).
5555 (b) The period of public comment required by Subsection (a)
5656 must be at least 30 days.
5757 (c) State agencies and political subdivisions may provide
5858 commentary under this section identifying and addressing any
5959 potential challenges to the implementation of this chapter.
6060 Sec. 2063.032. EXPIRATION. This subchapter expires January
6161 1, 2027.
6262 SUBCHAPTER B. POWERS AND DUTIES OF STATE AGENCIES IN RENAMING GULF
6363 OF MEXICO TO GULF OF AMERICA
6464 Sec. 2063.051. DEADLINE TO RENAME. Not later than April 1,
6565 2026, each state agency shall change each reference to the "Gulf of
6666 Mexico" in the state agency's rules, policies, and other materials
6767 to the "Gulf of America."
6868 Sec. 2063.052. PRIORITY RENAMING. A state agency shall
6969 prioritize the renaming required by Section 2063.051 in rules,
7070 policies, and other materials that directly impact public health
7171 and safety, homeland security, state sovereignty, and the
7272 protection of commerce, including rules, policies, and other
7373 materials regarding:
7474 (1) emergency management and disaster response in
7575 order to protect lives, property, and critical infrastructure in
7676 the Gulf of America region;
7777 (2) the continuity of commercial operations in and
7878 around the Gulf of America region to ensure economic stability and
7979 key commercial sectors in this state;
8080 (3) public health advisories concerning gulf-related
8181 resources, such as fisheries and water quality, in order to protect
8282 the well-being of this state's residents;
8383 (4) the coordination with federal and state homeland
8484 security agencies to address risks associated with border security,
8585 security maritime operations, and potential threats to critical
8686 assets, including commercial shipping routes and port facilities in
8787 or on the Gulf of America;
8888 (5) environmental protection regulations to safeguard
8989 the Gulf of America's natural resources, ensuring resilience
9090 against threats such as pollution, natural disasters, and
9191 disruptions to industries reliant on these resources; and
9292 (6) policies that preserve state sovereignty over the
9393 management and utilization of Texas coastal resources while
9494 supporting trade, commerce, and alignment with federal directives
9595 to maintain the economic strength of the region.
9696 Sec. 2063.053. RULEMAKING. (a) Except as provided by
9797 Subsection (b), a state agency shall adopt, readopt, amend, or
9898 repeal the state agency's rules in accordance with the procedures
9999 of Chapter 2001 as necessary to change the references to the Gulf of
100100 Mexico to the Gulf of America.
101101 (b) A state agency is not required to amend a rule under this
102102 chapter if the amendment would impose an undue burden or cost on the
103103 residents, businesses, or political subdivisions of this state.
104104 SUBCHAPTER C. PLANNING; COMPLIANCE; FEDERAL COORDINATION
105105 Sec. 2063.101. PLANNING. A state agency shall adopt a plan
106106 for performing the state agency's duties under this chapter. The
107107 plan must include detailed procedures and documentation of each
108108 person's duties under the plan.
109109 Sec. 2063.102. COMPLIANCE; DOCUMENTATION OF COSTS. A state
110110 agency shall ensure that in performing the state agency's duties
111111 under this chapter:
112112 (1) the state agency complies with the requirements of
113113 any federal law or executive order renaming the Gulf of Mexico as
114114 the Gulf of America;
115115 (2) the expenditures made for purposes of renaming the
116116 Gulf of Mexico as the Gulf of America comply with applicable federal
117117 and state laws; and
118118 (3) the costs associated with performing the state
119119 agency's duties under this chapter are documented.
120120 Sec. 2063.103. DATA INTEGRITY AND SECURITY. A state agency
121121 shall maintain data integrity and security in performing the state
122122 agency's duties under this chapter.
123123 Sec. 2063.104. FEDERAL COORDINATION AUTHORIZED. A state
124124 agency may coordinate with any federal office or agency in
125125 performing the state agency's duties under this chapter.
126126 Sec. 2063.105. REPORT ON PROGRESS AND DELAYS. (a) Not
127127 later than September 1, 2026, each state agency shall issue a report
128128 to the legislature on the progress the state agency has made in
129129 implementing this chapter, any challenges the state agency
130130 encountered in implementing this chapter, and any issues the agency
131131 needs to address to complete implementation of this chapter,
132132 including as necessary recommendations for further action to ensure
133133 compliance with this chapter.
134134 (b) This section expires January 1, 2027.
135135 SUBCHAPTER D. FUTURE CHANGES TO NAMES
136136 Sec. 2063.151. GOVERNOR AUTHORIZED TO ORDER NAME CHANGE.
137137 (a) If federal law or executive order requires governmental
138138 entities to rename a place or thing, other than the Gulf of Mexico,
139139 the governor by executive order may require each state agency to
140140 rename the place or thing under procedures similar to the
141141 procedures prescribed by this chapter.
142142 (b) The governor may establish procedures for the renaming
143143 described by Subsection (a) similar to the procedures under this
144144 chapter and establish additional procedures as necessary regarding
145145 notice to the public or interagency coordination for purposes of
146146 this section.
147147 SUBCHAPTER E. ENFORCEMENT
148148 Sec. 2063.201. AUDIT BY STATE AUDITOR. (a) The state
149149 auditor may review as necessary the operations and financial
150150 statements of a state agency to ensure the state agency is in
151151 compliance with this chapter.
152152 (b) After a review conducted under this section, the state
153153 auditor shall issue recommendations for corrective actions to the
154154 state agency.
155155 Sec. 2063.202. INJUNCTION BY ATTORNEY GENERAL. The
156156 attorney general may bring an action for injunctive relief against
157157 a state agency that violates or is threatening to violate this
158158 chapter to compel the state agency to comply with this chapter.
159159 ARTICLE 2. RENAMING OF TERMS IN TEXAS CODES AND STATUTES
160160 SECTION 2.01. Subchapter A, Chapter 311, Government Code,
161161 is amended by adding Section 311.007 to read as follows:
162162 Sec. 311.007. REFERENCES TO GULF OF MEXICO. (a) A
163163 reference in law to the Gulf of Mexico is a reference to the Gulf of
164164 America.
165165 (b) For purposes of this section, "Gulf of America" means
166166 the body of water formerly known as the Gulf of Mexico and renamed
167167 the "Gulf of America" by federal law or executive order.
168168 SECTION 2.02. Subchapter B, Chapter 312, Government Code,
169169 is amended by adding Section 312.017 to read as follows:
170170 Sec. 312.017. REFERENCES TO GULF OF MEXICO. (a) A
171171 reference in law to the Gulf of Mexico is a reference to the Gulf of
172172 America.
173173 (b) For purposes of this section, "Gulf of America" means
174174 the body of water formerly known as the Gulf of Mexico and renamed
175175 the "Gulf of America" by federal law or executive order.
176176 SECTION 2.03. The Texas Legislative Council shall prepare
177177 for consideration by the 90th Legislature a nonsubstantive revision
178178 of the Texas codes and revised statutes changing each reference to
179179 the "Gulf of Mexico" to the "Gulf of America."
180180 ARTICLE 3. EFFECTIVE DATE
181181 SECTION 3.01. This Act takes effect immediately if it
182182 receives a vote of two-thirds of all the members elected to each
183183 house, as provided by Section 39, Article III, Texas Constitution.
184184 If this Act does not receive the vote necessary for immediate
185185 effect, this Act takes effect September 1, 2025.