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Relating to the identification of and prohibited cooperation by state and local entities with certain federal acts that violate the United States Constitution.
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.
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. The Attorney General would be permitted to bring an action to enjoin an agency or local government that violates this prohibition.
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 in the spirit of the Constitution.