SB131 - Relating to the enforcement within this state of certain federal laws for federally declared public health emergencies.

  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.