Texas Enforcement of Federal Law Amendment, SJR 7 (2017)
| Texas Enforcement of Federal Law Amendment | |
|---|---|
 | |
| Election date November 7, 2017 | |
| Topic Federal constitutional issues | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Texas Enforcement of Federal Law Amendment, also known as SJR 7, was not on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2017.
The measure would have prohibited the state from enforcing, executing, or providing material support for federal laws that the Texas State Legislature determines violate the Texas Bill of Rights.[1]
Sen. Bob Hall (R-2) introduced the amendment as Senate Joint Resolution 7 in the Texas Legislature.[2]
Text of measure
Ballot title
The following ballot title was proposed to appear on the ballot:[1]
| “ | The constitutional amendment regarding the execution or enforcement of federal laws that violate the Bill of Rights of the Texas Constitution.[3] | ” |
Constitutional changes
- See also: Texas Constitution
The measure would have added an Article 18 to the Texas Constitution:[1] Note: Hover over the text and scroll to see the full text.
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.[3]
Path to the ballot
- See also: Amending the Texas Constitution
The proposed constitutional amendment was filed by Sen. Bob Hall (R-2) as Senate Joint Resolution 7 on November 14, 2016.[2] A two-thirds vote in both chambers of the Texas State Legislature was required to refer this amendment to the ballot. Texas is one of 16 states that require a two-thirds supermajority vote in both chambers.
The amendment did not receive a vote in the state legislature during the 2017 legislative session.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Texas Legislature, "Senate Joint Resolution 7," accessed November 14, 2016
- ↑ 2.0 2.1 Texas Legislature, "SJR 7 Overview," accessed November 14, 2016
- ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content
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