Bill Text: TX SB307 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the enforcement within this state of certain federal laws for federally declared public health emergencies.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-15 - Referred to State Affairs [SB307 Detail]
Download: Texas-2023-SB307-Introduced.html
| 88R1626 JG-D | ||
| By: Hall | S.B. No. 307 | |
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| 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. | ||
