Texas 2025 - 89th Regular

Texas Senate Bill SB131 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2544 LRM-D
2	2	By: Hall S.B. No. 131
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the enforcement within this state of certain federal
10	10	laws for federally declared public health emergencies.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
13	13	amended by adding Chapter 174 to read as follows:
14	14	CHAPTER 174. ENFORCEMENT OF CERTAIN FEDERAL LAWS RELATED TO
15	15	FEDERALLY DECLARED PUBLIC HEALTH EMERGENCIES
16	16	Sec. 174.001. DEFINITIONS. In this chapter:
17	17	(1) "Federally declared public health emergency"
18	18	means:
19	19	(A) a public health emergency declared by the
20	20	United States secretary of health and human services under 42
21	21	U.S.C. Section 247d; or
22	22	(B) an emergency or disaster declared, including
23	23	under a renewal of the declaration, by the president of the United
24	24	States in relation to a public health emergency described by
25	25	Paragraph (A) under:
26	26	(i) the National Emergencies Act (50 U.S.C.
27	27	Section 1601 et seq.); or
28	28	(ii) the Robert T. Stafford Disaster Relief
29	29	and Emergency Assistant Act (42 U.S.C. Section 5121 et seq.).
30	30	(2) "State money" means money the legislature
31	31	appropriates or money a state agency controls or directs.
32	32	Sec. 174.002. PROHIBITED ENFORCEMENT OF CERTAIN FEDERAL
33	33	LAWS. Notwithstanding any other law, a state agency, a political
34	34	subdivision, or a law enforcement officer or other person a state
35	35	agency or political subdivision employs may not enforce or provide
36	36	assistance to a federal agency or official with respect to
37	37	enforcing a federal statute, order, rule, or regulation that:
38	38	(1) is enacted or issued in response to a federally
39	39	declared public health emergency; and
40	40	(2) imposes a prohibition, restriction, or other
41	41	regulation that does not exist under this state's laws.
42	42	Sec. 174.003. CERTAIN POLITICAL SUBDIVISIONS INELIGIBLE
43	43	FOR RECEIPT OF STATE MONEY. (a) A political subdivision is
44	44	ineligible to receive state money if the political subdivision
45	45	enters into a contract or adopts a rule, order, ordinance, or policy
46	46	under which the political subdivision enforces or assists with the
47	47	enforcement of a federal statute, order, rule, or regulation
48	48	described by Section 174.002 or, by consistent actions, enforces or
49	49	assists with the enforcement of a federal statute, order, rule, or
50	50	regulation described by that section.
51	51	(b) If a final judicial determination in an action brought
52	52	under this chapter finds that a political subdivision has enforced
53	53	or assisted with the enforcement of a federal statute, order, rule,
54	54	or regulation that is prohibited under Section 174.002, the
55	55	political subdivision is ineligible to receive state money,
56	56	including money from the general revenue fund or a grant program a
57	57	state agency or other state entity administers, for the next state
58	58	fiscal year following the determination.
59	59	Sec. 174.004. COMPLAINT AND ATTORNEY GENERAL ACTION. (a)
60	60	An individual residing in the jurisdiction of a political
61	61	subdivision may file a complaint with the attorney general if the
62	62	individual offers evidence to support an allegation that the
63	63	political subdivision entered into a contract or adopted a rule,
64	64	order, ordinance, or policy under which the political subdivision
65	65	enforces or assists with the enforcement of a federal statute,
66	66	order, rule, or regulation that is prohibited under Section 174.002
67	67	or evidence to support an allegation that the political
68	68	subdivision, by consistent actions, enforces or assists with the
69	69	enforcement of a federal statute, order, rule, or regulation
70	70	described by that section. The individual must include with the
71	71	complaint the evidence supporting the complaint.
72	72	(b) If the attorney general determines that a complaint
73	73	filed under Subsection (a) against a political subdivision is
74	74	valid, the attorney general may file a petition for a writ of
75	75	mandamus or apply for other appropriate equitable relief in a
76	76	district court in Travis County or in a county in which the
77	77	principal office of the political subdivision is located to compel
78	78	the political subdivision to comply with Section 174.002. The
79	79	attorney general may recover reasonable expenses incurred in
80	80	obtaining relief under this subsection, including court costs,
81	81	reasonable attorney's fees, investigative costs, witness fees, and
82	82	deposition costs.
83	83	Sec. 174.005. APPEAL OF ATTORNEY GENERAL ACTION. An appeal
84	84	of an action brought under Section 174.004(b) is governed by the
85	85	procedures for accelerated appeals in civil cases under the Texas
86	86	Rules of Appellate Procedure. The appellate court shall render the
87	87	court's final order or judgment with the least possible delay.
88	88	Sec. 174.006. DEFENSE BY ATTORNEY GENERAL IN CERTAIN
89	89	ACTIONS. The attorney general shall defend a state agency or
90	90	political subdivision in an action brought against the agency or
91	91	political subdivision by the federal government for an act or
92	92	omission of the agency or political subdivision consistent with the
93	93	requirements of this chapter.
94	94	SECTION 2. This Act takes effect immediately if it receives
95	95	a vote of two-thirds of all the members elected to each house, as
96	96	provided by Section 39, Article III, Texas Constitution. If this
97	97	Act does not receive the vote necessary for immediate effect, this
98	98	Act takes effect September 1, 2025.