Bill Summary – FastDemocracy

      
            89R2544 LRM-D
         
		By: Hall
            S.B. No. 131
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            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 a 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 a 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 m
Statutes affected: 
Introduced:  ()



	A BILL TO BE ENTITLED
	AN ACT
	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 a 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 a 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 m Statutes affected: Introduced: ()