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A BILL TO BE ENTITLED
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AN ACT
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relating to certain federal health care legislation; imposing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds that: |
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(1) the people of the several states comprising the |
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United States of America created the federal government as their |
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agent for certain enumerated purposes, and nothing more; |
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(2) the Tenth Amendment to the United States |
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Constitution defines the total scope of federal power as that which |
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has been delegated by the people of the several states to the |
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federal government, and all power not expressly delegated to the |
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federal government in the United States Constitution is reserved to |
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the states respectively, or to the people themselves; and |
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(3) the assumption of power by the federal government |
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in enacting the Patient Protection and Affordable Care Act (H.R. |
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3590; Pub. L. No. 111-148) as amended by the Health Care and |
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Education Reconciliation Act of 2010 (H.R. 4872; Pub. L. No. |
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111-152) interferes with the right of the people of this state to |
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regulate health care as they determine is appropriate, and makes a |
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mockery of James Madison's assurance in Federalist Paper Number 45 |
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that the powers delegated to the federal government are "few and |
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defined" while those that remain in the state governments are |
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"numerous and indefinite." |
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SECTION 2. Subtitle Z, Title 3, Government Code, is amended |
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by adding Chapter 392 to read as follows: |
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CHAPTER 392. FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT |
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Sec. 392.001. DEFINITION. In this chapter, "federal Act" |
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means the Patient Protection and Affordable Care Act (H.R. 3590; |
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Pub. L. No. 111-148) as amended by the Health Care and Education |
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Reconciliation Act of 2010 (H.R. 4872; Pub. L. No. 111-152). |
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Sec. 392.002. FEDERAL ACT NOT AUTHORIZED. The federal Act |
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is not authorized by the United States Constitution and violates |
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the constitution's true meaning and intent as expressed by the |
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founders of this country and the ratifiers of the constitution. |
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Sec. 392.003. FEDERAL ACT INVALID. The federal Act: |
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(1) is invalid in this state; |
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(2) is not recognized by this state; |
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(3) is specifically rejected by this state; and |
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(4) is null and void and of no effect in this state. |
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Sec. 392.004. DUTY OF LEGISLATURE. It is the duty of the |
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legislature of this state to enact any measure necessary to prevent |
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the enforcement of the federal Act within this state. |
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Sec. 392.005. OFFENSES; PENALTIES. (a) A person who is an |
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official, agent, or employee of the United States or an employee of |
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a corporation providing services to the United States commits an |
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offense if the person enforces or attempts to enforce an act, order, |
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law, statute, rule, or regulation of the United States in violation |
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of this chapter. |
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(b) An offense under Subsection (a) is a state jail felony |
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punishable by confinement for a term of not more than five years, a |
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fine of not more than $5,000, or both the confinement and the fine. |
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(c) A person who is a public officer or employee of this |
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state commits an offense if that person enforces or attempts to |
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enforce an act, order, law, statute, rule, or regulation of the |
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United States in violation of this chapter. |
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(d) An offense under Subsection (c) is a Class A misdemeanor |
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punishable by confinement for a term of not more than two years, a |
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fine of not more than $1,000, or both the confinement and the fine. |
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Sec. 392.006. PRIVATE CAUSE OF ACTION. Any aggrieved party |
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may bring a private cause of action against a person who enforces or |
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attempts to enforce an act, order, law, statute, rule, or |
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regulation of the United States in violation of this chapter. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |