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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Balance of Powers Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) This Act shall be known as the Texas Balance |
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of Powers Act. |
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(b) The legislature finds that: |
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(1) The people of the several states comprising the |
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United States of America created the federal government to be their |
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agent for certain enumerated purposes and nothing more. |
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(2) The Tenth Amendment to the United States |
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Constitution defines the total scope of federal power as including |
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only those powers specifically delegated by the people to the |
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federal government. Those powers not delegated to the federal |
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government are reserved to the states or to the people themselves. |
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(3) Each power delegated to the federal government by |
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the United States Constitution encompasses only that power as it |
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was understood at the time it was delegated, subject only to an |
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expansion or limitation of that power by a subsequent amendment to |
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the constitution. |
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(4) The United States Constitution authorizes the |
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United States Congress to exercise only those powers enumerated in |
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Section 8, Article I, of the constitution, as well as certain other |
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powers delegated to Congress by subsequent amendments to the |
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constitution. |
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(5) The power delegated to the United States Congress |
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to regulate commerce among the several states under Section 8, |
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Article I, of the United States Constitution was not intended by its |
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drafters or understood by those who ratified it as an authorization |
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for the federal government to assume vast powers not directly |
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related to interstate commerce, many of which infringe on the |
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sovereignty of the states and the liberties of the people. Under |
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color of the Commerce Clause, the legislative, executive, and |
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judicial branches of the federal government have adopted and |
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implemented countless measures not authorized by the language or |
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original intent of the clause, many of which usurp the duties and |
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responsibilities reserved to the states by the Tenth Amendment. |
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(6) The power delegated to the United States Congress |
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to make all necessary and proper laws under Section 8, Article I, of |
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the United States Constitution was not intended by its drafters or |
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understood by those who ratified it to be a delegation of unlimited |
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power to the federal government to do anything it considers |
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necessary and proper. Instead, the Necessary and Proper Clause was |
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intended and understood to authorize Congress to only enact laws |
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actually necessary and proper to execute a power specifically |
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vested in the federal government by the constitution, without which |
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the vested power would be impossible to exercise. |
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(7) The power delegated to the United States Congress |
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to provide for the general welfare of the United States under |
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Section 8, Article I, of the United States Constitution was not |
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intended by its drafters or understood by those who ratified it to |
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authorize Congress to enact any legislation that it considers good |
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or desirable. Instead, the General Welfare Clause was intended and |
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understood to ensure that Congress, when exercising an enumerated |
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power, does so in a manner that serves all citizens well and |
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equally. |
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(8) In addition to the limitations imposed on the |
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power of the federal government by the United States Constitution |
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as originally ratified, the powers delegated to the federal |
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government were further restricted at the insistence of the people |
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through the ratification of the Bill of Rights. As such, this state |
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specifically rejects any federal claim that any provision of the |
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Bill of Rights authorizes new or expanded authority that may be |
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exercised by the federal government. |
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(9) No authority has ever been delegated to the |
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federal government to preempt state legislation, interfere with |
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internal state affairs reserved to the states, regulate state |
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courts in matters of state substantive law or procedure, or |
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otherwise act in a manner that interferes with the balance of powers |
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between the states and the federal government established by the |
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United States Constitution. |
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(10) The constitutional limitation on the scope of |
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federal power and the reservation of other powers to the states or |
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to the people are matters of contract between this state and its |
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people, and the United States, as of the date this state was |
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admitted to the United States of America. |
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(11) The federal government has acted in a manner |
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inconsistent with the language, intent, and spirit of the United |
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States Constitution in direct violation of the constitution and the |
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contract between this state and its people, and the United States. |
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This state rejects the unauthorized and excessive abuse of power by |
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the federal government that infringes on the rights of this state |
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and its people and that unconstitutionally undermines, diminishes, |
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and disregards the balance of powers between the states and the |
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federal government established by the constitution. |
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(c) In accordance with the United States Constitution, the |
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federal government is denied by this state the power to take any |
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legislative, executive, or judicial action that violates the |
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constitution, specifically including those actions that |
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unconstitutionally undermine, diminish, or disregard the balance |
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of powers between the states and the federal government established |
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by the constitution. |
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(d) This Act serves as notice from this state to the federal |
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government to cease and desist any and all unconstitutional |
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activities that are outside the scope of the power delegated to it |
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by the United States Constitution, including those activities that |
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unconstitutionally undermine, diminish, or disregard the balance |
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of powers between the states and the federal government established |
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by the constitution. |
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(e) This state and its people retain their sovereign power |
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to regulate the affairs of this state, subject only to the |
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limitations prescribed by the United States Constitution. |
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SECTION 2. Subtitle Z, Title 3, Government Code, is amended |
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by adding Chapter 393 to read as follows: |
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CHAPTER 393. NULLIFICATION OF CERTAIN UNCONSTITUTIONAL FEDERAL |
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LAWS, RULES, EXECUTIVE ORDERS, AND OTHER ACTIONS |
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Sec. 393.001. DEFINITIONS. In this chapter: |
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(1) "Committee" means the joint legislative committee |
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on nullification. |
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(2) "Federal action" includes: |
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(A) a federal law; |
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(B) a federal rule, policy, or standard; and |
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(C) an executive order of the president of the |
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United States. |
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(3) "Unconstitutional federal action" means a federal |
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action enacted, adopted, or implemented without authority |
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specifically delegated to the federal government by the people |
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through the United States Constitution. |
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Sec. 393.002. JOINT LEGISLATIVE COMMITTEE ON |
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NULLIFICATION. (a) The joint legislative committee on |
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nullification is established as a permanent joint committee of the |
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legislature. |
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(b) The committee consists of the following 14 members: |
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(1) the speaker of the house of representatives; |
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(2) the lieutenant governor; |
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(3) six members of the house of representatives |
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appointed by the speaker of the house; and |
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(4) six members of the senate appointed by the |
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lieutenant governor. |
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(c) Not more than four house members of the committee, |
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including the speaker of the house, and four senate members of the |
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committee, including the lieutenant governor, may be members of the |
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same political party. |
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(d) Members of the committee serve two-year terms beginning |
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with the convening of each regular legislative session. |
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(e) If a vacancy occurs on the committee, the appropriate |
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appointing officer shall appoint a member of the house or senate, as |
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appropriate, to serve for the remainder of the unexpired term. |
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(f) The speaker of the house and the lieutenant governor are |
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joint chairs of the committee. |
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(g) The committee shall meet at the call of either joint |
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chair. |
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(h) A majority of the members of the committee constitute a |
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quorum. |
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Sec. 393.003. COMMITTEE REVIEW OF FEDERAL ACTION. (a) The |
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committee may review any federal action to determine whether the |
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action is an unconstitutional federal action. |
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(b) Not later than the 180th day after the date the |
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committee holds its first public hearing to review a specific |
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federal action, the committee shall vote to determine whether the |
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action is an unconstitutional federal action. |
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(c) The committee may determine that a federal action is an |
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unconstitutional federal action only by majority vote of the total |
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membership of the committee. |
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(d) A federal action determined by the committee to be an |
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unconstitutional federal action has no legal effect in this state |
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unless and until the legislature refuses or fails to nullify the |
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action under Section 393.004. |
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Sec. 393.004. LEGISLATIVE VOTE FOLLOWING COMMITTEE |
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DETERMINATION. (a) If the committee determines that a federal |
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action is an unconstitutional federal action, each house of the |
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legislature shall, during the next regular legislative session, |
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vote on whether to nullify the action. An unconstitutional federal |
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action is nullified if a majority of the members of each house of |
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the legislature vote for nullification. |
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(b) The legislature may not vote to nullify a federal action |
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unless the committee has determined that the action is an |
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unconstitutional federal action. |
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(c) A nullified unconstitutional federal action has no |
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legal effect in this state and may not be recognized by this state |
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or a political subdivision of this state as having legal effect. |
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(d) This state shall prevent the implementation and |
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enforcement of a nullified unconstitutional federal action within |
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the boundaries of this state. |
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SECTION 3. (a) Not later than the 30th day following the |
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effective date of this Act: |
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(1) the speaker of the house of representatives and |
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the lieutenant governor shall appoint the initial members of the |
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Joint Legislative Committee on Nullification established under |
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Section 393.002, Government Code, as added by this Act; and |
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(2) the secretary of state shall forward official |
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copies of this Act to the president of the United States, to the |
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speaker of the House of Representatives and the president of the |
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Senate of the Congress of the United States, and to all members of |
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the Texas delegation to Congress with the request that this Act be |
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officially entered in the Congressional Record. |
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(b) Not later than the 45th day following the effective date |
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of this Act, the speaker of the house of representatives and the |
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lieutenant governor shall, as the joint chairs of the Joint |
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Legislative Committee on Nullification established under Section |
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393.002, Government Code, as added by this Act, forward official |
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copies of this Act to the presiding officers of the legislatures of |
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the several states. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |