Bill

HB 3046

87(R) - 2021
House State Affairs
House State Affairs
Federal Government
Federal law
Constitution
United States Constitution

Contact the Author

Mayes Middleton

Phone:

512-463-0502

Capitol Office:

E1.410

Email:

Vote Recommendation

Yes
  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Positive

Author(s)

Mayes Middleton
Dustin Burrows
Cody Harris
Will Metcalf

Co-Author(s)

Steve Allison
Charles Anderson
Trent Ashby
Ernest Bailes
Keith Bell
Greg Bonnen
Brad Buckley
Jeff Cason
David Cook
Tom Craddick
John Cyrier
Drew Darby
Jay Dean
James Frank
Gary Gates
Craig Goldman
Sam Harless
Cole Hefner
Justin Holland
Lacey Hull
Kyle Kacal
Phil King
Matt Krause
John Kuempel
Stan Lambert
Brooks Landgraf
Jeff Leach
Ben Leman
J.M. Lozano
Geanie Morrison
Andrew Murr
Candy Noble
Jarred Patterson
Dennis Paul
Four Price
John Raney
Glenn Rogers
Scott Sanford
Matt Schaefer
Matt Shaheen
Hugh Shine
Bryan Slaton
Shelby Slawson
Reggie Smith
David Spiller
Phil Stephenson
Valoree Swanson
Ed Thompson
Gary VanDeaver
Cody Vasut
Terry Wilson

Bill Caption

Relating to the identification of and prohibited cooperation by state and local entities with certain federal acts that violate the United States Constitution.

Fiscal Notes

The fiscal implications of the bill cannot be determined at this time. It is unknown what federal agency rules, or how many, may be considered by a court to violate the rights guaranteed to the citizens of the United States by the federal constitution, or the potential loss of federal funds that may or may not result from federal sanctions for not enforcing such rules.

Bill Analysis

HB 3046 would require the Attorney General to submit a written report each month to the Governor, Lieutenant Governor, Speaker of the House, and each member of the Legislature that identifies any rule adopted by a federal agency on certain issues in response to an executive order by the President that violates rights guaranteed in the U.S. Constitution. The listed issues include health emergencies, natural resource regulation, gun control, and the free exercise of religion, among others. The report would also have to include the status of any lawsuit filed by the Attorney General against the federal government related to such a rule. If enacted, these reports would have to be published on the Attorney General's website.

HB 3046 would prohibit a state agency or local government from cooperating with the federal government on enforcing a rule included in the Attorney General's reports that has been found by a court to violate the U.S. Constitution.

Vote Recommendation Notes

Texas Action supports HB 3046 because it would advance individual liberty and limited government. The prohibition on state agencies and local governments from enforcing federal rules found to be unconstitutional would further protect the rights of Texans against unlawful federal policy. HB 3046 would also bolster the power of the state relative to the federal government.

Contact the Author

Mayes Middleton

Phone:

512-463-0502

Capitol Office:

E1.410

Email: