Gulf Of America Bill Lets Governor Match Any Federal Rename

The text as introduced · 1,532 words

89R11265 JCG-F

By: Metcalf
H.B. No. 3634

A BILL TO BE ENTITLED

AN ACT

relating to renaming the Gulf of Mexico as the Gulf of America.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. RENAMING OF TERMS IN STATE AGENCY RULES, POLICIES, AND

OTHER MATERIALS

SECTION 1.01. Subtitle B, Title 10, Government Code, is

amended by adding Chapter 2063 to read as follows:

CHAPTER 2063. RENAMING GULF OF MEXICO AS GULF OF AMERICA

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2063.001. SHORT TITLE. This chapter may be cited as

the Renaming of the Gulf of Mexico for State Agency Consistency Act.

Sec. 2063.002. PURPOSE. The purpose of this chapter is to

ensure all state agencies align their rules, policies, and

administrative actions with federal directives or law regarding the

renaming of the Gulf of Mexico as the Gulf of America. This chapter

seeks to safeguard state interests and property rights and provide

for administrative consistency with federal laws, regulations, and

funding mechanisms, while prioritizing public health and safety.

Sec. 2063.003. DEFINITION. In this chapter, "state agency"

means:

(1) a department, commission, board, office, or other

agency that is in the executive branch of state government and that

was created by the constitution or a statute, including an

institution of higher education as defined by Section 61.003,

Education Code;

(2) the legislature or a legislative state agency; or

(3) the supreme court, the court of criminal appeals,

a court of appeals, a district court, or the Texas Judicial Council

or another agency in the judicial branch of state government.

Sec. 2063.004. NO IMPAIRMENT ON LAW, RULES, OR PROCEEDINGS

INTENDED. Nothing in this chapter may be construed to impair the

legal validity or effect of a law or rule that contains a reference

to the Gulf of Mexico or a legal proceeding governed by a law or rule

containing a reference to the Gulf of Mexico.

Sec. 2063.005. NONAPPLICABILITY. This chapter does not

apply to a rule, policy, or other material in which renaming the

Gulf of Mexico as the Gulf of America violates a condition of

federal law or an executive order on which federal funding,

benefits, obligations, or other legal requirements is based.

SUBCHAPTER A-1. PUBLIC COMMENT BY GOVERNOR AND SECRETARY OF STATE

Sec. 2063.031. PUBLIC COMMENT AND REPORT. (a) Not later

than January 1, 2026, the governor, in collaboration with the

secretary of state, shall:

(1) provide an opportunity for the public to comment

on the implementation of this chapter; and

(2) produce a report summarizing the public commentary

received under Subdivision (1).

(b) The period of public comment required by Subsection (a)

must be at least 30 days.

(c) State agencies and political subdivisions may provide

commentary under this section identifying and addressing any

potential challenges to the implementation of this chapter.

Sec. 2063.032. EXPIRATION. This subchapter expires January

1, 2027.

SUBCHAPTER B. POWERS AND DUTIES OF STATE AGENCIES IN RENAMING GULF

OF MEXICO TO GULF OF AMERICA

Sec. 2063.051. DEADLINE TO RENAME. Not later than April 1,

2026, each state agency shall change each reference to the "Gulf of

Mexico" in the state agency's rules, policies, and other materials

to the "Gulf of America."

Sec. 2063.052. PRIORITY RENAMING. A state agency shall

prioritize the renaming required by Section 2063.051 in rules,

policies, and other materials that directly impact public health

and safety, homeland security, state sovereignty, and the

protection of commerce, including rules, policies, and other

materials regarding:

(1) emergency management and disaster response in

order to protect lives, property, and critical infrastructure in

the Gulf of America region;

(2) the continuity of commercial operations in and

around the Gulf of America region to ensure economic stability and

key commercial sectors in this state;

(3) public health advisories concerning gulf-related

resources, such as fisheries and water quality, in order to protect

the well-being of this state's residents;

(4) the coordination with federal and state homeland

security agencies to address risks associated with border security,

security maritime operations, and potential threats to critical

assets, including commercial shipping routes and port facilities in

or on the Gulf of America;

(5) environmental protection regulations to safeguard

the Gulf of America's natural resources, ensuring resilience

against threats such as pollution, natural disasters, and

disruptions to industries reliant on these resources; and

(6) policies that preserve state sovereignty over the

management and utilization of Texas coastal resources while

supporting trade, commerce, and alignment with federal directives

to maintain the economic strength of the region.

Sec. 2063.053. RULEMAKING. (a) Except as provided by

Subsection (b), a state agency shall adopt, readopt, amend, or

repeal the state agency's rules in accordance with the procedures

of Chapter 2001 as necessary to change the references to the Gulf of

Mexico to the Gulf of America.

(b) A state agency is not required to amend a rule under this

chapter if the amendment would impose an undue burden or cost on the

residents, businesses, or political subdivisions of this state.

SUBCHAPTER C. PLANNING; COMPLIANCE; FEDERAL COORDINATION

Sec. 2063.101. PLANNING. A state agency shall adopt a plan

for performing the state agency's duties under this chapter. The

plan must include detailed procedures and documentation of each

person's duties under the plan.

Sec. 2063.102. COMPLIANCE; DOCUMENTATION OF COSTS. A state

agency shall ensure that in performing the state agency's duties

under this chapter:

(1) the state agency complies with the requirements of

any federal law or executive order renaming the Gulf of Mexico as

the Gulf of America;

(2) the expenditures made for purposes of renaming the

Gulf of Mexico as the Gulf of America comply with applicable federal

and state laws; and

(3) the costs associated with performing the state

agency's duties under this chapter are documented.

Sec. 2063.103. DATA INTEGRITY AND SECURITY. A state agency

shall maintain data integrity and security in performing the state

agency's duties under this chapter.

Sec. 2063.104. FEDERAL COORDINATION AUTHORIZED. A state

agency may coordinate with any federal office or agency in

performing the state agency's duties under this chapter.

Sec. 2063.105. REPORT ON PROGRESS AND DELAYS. (a) Not

later than September 1, 2026, each state agency shall issue a report

to the legislature on the progress the state agency has made in

implementing this chapter, any challenges the state agency

encountered in implementing this chapter, and any issues the agency

needs to address to complete implementation of this chapter,

including as necessary recommendations for further action to ensure

compliance with this chapter.

(b) This section expires January 1, 2027.

SUBCHAPTER D. FUTURE CHANGES TO NAMES

Sec. 2063.151. GOVERNOR AUTHORIZED TO ORDER NAME CHANGE.

(a) If federal law or executive order requires governmental

entities to rename a place or thing, other than the Gulf of Mexico,

the governor by executive order may require each state agency to

rename the place or thing under procedures similar to the

procedures prescribed by this chapter.

(b) The governor may establish procedures for the renaming

described by Subsection (a) similar to the procedures under this

chapter and establish additional procedures as necessary regarding

notice to the public or interagency coordination for purposes of

this section.

SUBCHAPTER E. ENFORCEMENT

Sec. 2063.201. AUDIT BY STATE AUDITOR. (a) The state

auditor may review as necessary the operations and financial

statements of a state agency to ensure the state agency is in

compliance with this chapter.

(b) After a review conducted under this section, the state

auditor shall issue recommendations for corrective actions to the

state agency.

Sec. 2063.202. INJUNCTION BY ATTORNEY GENERAL. The

attorney general may bring an action for injunctive relief against

a state agency that violates or is threatening to violate this

chapter to compel the state agency to comply with this chapter.

ARTICLE 2. RENAMING OF TERMS IN TEXAS CODES AND STATUTES

SECTION 2.01. Subchapter A, Chapter 311, Government Code,

is amended by adding Section 311.007 to read as follows:

Sec. 311.007. REFERENCES TO GULF OF MEXICO. (a) A

reference in law to the Gulf of Mexico is a reference to the Gulf of

America.

(b) For purposes of this section, "Gulf of America" means

the body of water formerly known as the Gulf of Mexico and renamed

the "Gulf of America" by federal law or executive order.

SECTION 2.02. Subchapter B, Chapter 312, Government Code,

is amended by adding Section 312.017 to read as follows:

Sec. 312.017. REFERENCES TO GULF OF MEXICO. (a) A

reference in law to the Gulf of Mexico is a reference to the Gulf of

America.

(b) For purposes of this section, "Gulf of America" means

the body of water formerly known as the Gulf of Mexico and renamed

the "Gulf of America" by federal law or executive order.

SECTION 2.03. The Texas Legislative Council shall prepare

for consideration by the 90th Legislature a nonsubstantive revision

of the Texas codes and revised statutes changing each reference to

the "Gulf of Mexico" to the "Gulf of America."

ARTICLE 3. EFFECTIVE DATE

SECTION 3.01. 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, 2025.