TITLE: Proposing a constitutional amendment regarding the execution or enforcement of federal laws that violate the Bill of Rights of the Texas Constitution.

SUMMARY: Proposing a constitutional amendment regarding the execution or enforcement of federal laws that violate the Bill of Rights of the Texas Constitution.

FULL TEXT:
85(R) SJR 7-Introduced version-Bill Text 85R3164 BEF-F By: Hall S.J.R. No. 7 A JOINT RESOLUTION proposing a constitutional amendment regarding the execution or enforcement of federal laws that violate the Bill of Rights of the Texas Constitution. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The Texas Constitution is amended by adding Article XVIII to read as follows: ARTICLE XVIII Sec. 1. It is the policy of this state to refuse to provide material support for, or to participate in the execution or enforcement of, any federal law that the legislature finds to violate the Bill of Rights of this constitution. Sec. 2. In this article: (1) "Federal law" means any federal order, law, policy, rule, mandate, or agency regulation. (2) "Provision, penalty, or sanction" includes a provision of federal law that provides a civil or criminal fine or penalty, an administrative penalty, a tax, a surcharge, or a fee, or for the suspension or revocation of a license, the suspension or revocation of the authority to engage in business in this state, the withholding or garnishment of a salary or wage, or any other action or consequence under the law. Sec. 3. (a) The legislature, by a majority vote of all the members elected to each house, may find that a federal law violates Article I. (b) The legislature may include in a finding under Subsection (a) the manner in which the legislature may interpose itself between the federal government and persons in this state to oppose the federal government in the execution and enforcement of the federal law. Sec. 4. A state agency or political subdivision, or an officer or employee of a state agency or political subdivision, may not execute or enforce a provision, penalty, or sanction provided by a federal law that the legislature has found under Section 3(a) to violate Article I. Sec. 5. (a) The legislature may make a preliminary determination that a federal law violates Article I by written petition signed by a majority of all members elected to the senate and a majority of all members elected to the house of representatives. (b) The members signing the petition shall deliver the petition to: (1) the lieutenant governor and the speaker of the house of representatives, if the legislature is convened in regular or special session; or (2) the governor, if the legislature is not convened in regular or special session. Sec. 6. (a) At the close of each regular session of the legislature, the lieutenant governor shall appoint three senators and the speaker of the house of representatives shall appoint three members of the house of representatives to a joint interim committee to consider federal laws that may violate Article I. (b) The lieutenant governor and speaker of the house of representatives shall each designate a co-chair from among the joint interim committee members. (c) When the legislature is not convened in regular or special session, the joint interim committee shall meet at the joint call of the co-chairs to consider whether a federal law may violate Article I. (d) The joint interim committee shall issue a written preliminary determination that a federal law violates Article I if a majority of the members appointed to the committee vote in the affirmative. The committee shall deliver the written preliminary determination to the governor. (e) Joint interim committee members serve until the convening of the next regular session of the legislature. (f) The lieutenant governor or the speaker of the house of representatives, as applicable, shall appoint a member to fill a vacancy in the committee. (g) The senate and house of representatives may adopt joint rules governing the operation of the joint interim committee. Sec. 7. (a) If the legislature is not otherwise convened in regular or special session, the governor shall convene a special session of the legislature not later than the 30th day after the date the governor receives: (1) a written petition under Section 5; or (2) a written preliminary determination under Section 6. (b) The governor shall include in the purposes of the special session consideration of federal laws that may violate Article I. Sec. 8. (a) The lieutenant governor shall convene a committee of the whole of the senate and the speaker of the house of representatives shall convene a committee of the whole of the house of representatives to consider federal laws that may violate Article I: (1) not later than the fifth legislative day after the date a petition is delivered under Section 5(b)(1); or (2) on the first day of a special session convened under Section 7. (b) A committee of the whole may refer a federal law for consideration under Section 3 to the full senate or house of representatives, as applicable, on a majority vote of the members of the committee of the whole of that chamber present and voting. Sec. 9. The lieutenant governor or the speaker of the house of representatives shall place consideration of a federal law under Section 3 ahead of any bills or resolutions in the chamber's order of business on the first full legislative day the federal law is eligible for consideration. SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 7, 2017. The ballot shall be printed to provide for voting for or against the proposition: "The constitutional amendment regarding the execution or enforcement of federal laws that violate the Bill of Rights of the Texas Constitution."