bill barring Texas enforcement of federal health emergency rules

The text as introduced · 802 words

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 may recover reasonable expenses incurred in

obtaining relief under this subsection, including court costs,

reasonable attorney's fees, investigative costs, witness fees, and

deposition costs.

Sec. 174.005. APPEAL OF ATTORNEY GENERAL ACTION. An appeal

of an action brought under Section 174.004(b) is governed by the

procedures for accelerated appeals in civil cases under the Texas

Rules of Appellate Procedure. The appellate court shall render the

court's final order or judgment with the least possible delay.

Sec. 174.006. DEFENSE BY ATTORNEY GENERAL IN CERTAIN

ACTIONS. The attorney general shall defend a state agency or

political subdivision in an action brought against the agency or

political subdivision by the federal government for an act or

omission of the agency or political subdivision consistent with the

requirements of this chapter.

SECTION 2. 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.