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What do we do when the federal government violates the Constitution every day in myriads of ways?

Enforce the Constitution!

Texas officials should honor their oaths to defend the Constitution by stopping the feds when they commit unconstitutional acts.

The Constitution Cannot Protect Us Unless We Protect the Constitution.

The root cause of our political problems is that no one is enforcing the Constitution.  The federal government engages in multitudes of activities not delegated to the feds in the Constitution.

Constitutional Enforcement  -  Our Path Back to Constitutional Government

Texans know that an out-of-control federal government will destroy us.  An insatiable federal government will never limit itself.  We can only restore our Constitution, our liberty, our state, and our union by enforcing the Constitution to stop unconstitutional federal acts.

Texas is the only power that can stand up to federal tyrants to save our Constitution.  We have to persuade Texas officials to honor their oaths and stop the feds as the commit unconstitutional acts.

An act by a fed under the color of unconstitutional law is null and void.  Attempted enforcement by feds violates the Texas Penal code, including the Texas Official Oppression Act.

The Constitution is not a self-enforcing document.  We have to take action here in Texas to stop the destruction of our liberty.

The Supreme Court is not protecting the Constitution!

Art. VI of the Constitution says that it is the Constitution that is supreme - not the Supreme Court or the federal government.  Art. VI also requires EVERY member of government to swear an oath to support the Constitution.

The way we protect the Constitution is to convince our local and state governmental officials - including law enforcement - to stop unconstitutional federal acts.

RESIST, DEFY, NULLIFY!

Resistance to tyranny was the spirit of the founders that created our liberty.  Jefferson said, "Rebellion to tyrants is obedience to God."  Texas was born in that spirit:

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Actions needed for enforcement:

  • Urge our Sheriffs, DAs, AG, and governor to take action to stop unconstitutional acts in Texas.
  • Urge all Texas officials to not implement unconstitutional acts.
  • Encourage Texas officials to exercise independent judgment about constitutional meaning.
  • Pass Texas legislation to streamline formal declarations of federal unconstitutionality by any branch of state government. (See Texas Sovereignty Act)
  • What's New

    Final Report on 88th Regular Session

    Final Legislative Status Report (for the Regular Session)

    May 30, 2023 (Day After Sine Die of the 88th Texas Legislature)

    All of the pomp and posturing and motions and points of order and hearings and votes are over for the 88th Texas Legislature.  Here is my report on the thrill of victory and agony of defeat for the Texas Constitutional Enforcement Legislative Agenda.

    We started the session with a meeting in Austin to discuss our Legislative Agenda.  How did we do?

    If you have not seen the news, we are already in a special session with two issues called so far – property tax and a very narrow border security bill increasing penalties for smuggling and use of stash houses.  The Governor has also said he plans to call multiple special sessions.  I make reference below to a few items we need to address in those sessions, but hope to do a separate piece on what we need to push being added to 2023 special sessions.

    Resist the Great Reset and ESG Scoring Destruction of Texas Business

    Monetary Stability and Freedom - Right to Use Cash and Cash Substitutes Amendment

    I said at the meeting before the session began that since a financial storm seemed imminent that I considered getting constitutional protection to allow Texans to prepare for that in a way that suited them best was one of my personal top priorities.

    As the session progressed, four other bills popped up in the monetary stability/freedom space that either needed to be supported, killed, or modified to stop Central Bank Digital Currency Authorization.

    Here is a report on all five bills and concepts:

    • HJR 146 Capriglione / SJR 67 Parker – Addition to Texas Bill of Rights to recognize natural right to use currency of choice. Resolution: Close, but no cigar.  Glorious victory in the House with 139 – 2 vote, only to be ultimately thwarted by behind the scenes opposition by the Lt. Governor.
    • SB 2334 Hughes / HB 4903 Dorazio – Digital warehouse receipts/currency backed by gold and silver in Texas Bullion Depository. Resolution:  Thwarted in both chambers for different reasons.  In Senate, SB 2334 was assigned by the Lt. Governor by design to hostile Senate Finance Chair Joan Huffman, who killed it without a committee vote.  HB 4903 was slow walked in the jam-packed House State Affairs, and placed on last day Calendar, meaning it never got a vote on the House floor.
    • SCR 25 Parker -- Texas resolution against Central Bank Digital Currency (CBDC). Resolution: Passed Senate, but never heard in House State Affairs.
    • SB 895 Johnson / HB 3573 Lambert – Bill to wholesale replace the Texas statute regulating money transmitters like Paypal that was pushed by a consortium of state banking regulators to standardize and “modernize” money transmitter regulation. A word search on bills led me to the bill and I was initially concerned that the bill was paving the way for Central Bank Digital Currency (CBDC) because it included the term “stablecoin,” which I assumed could include CBDC.  Along the way, Chair Capriglione of the House committee told me that he did not think that was the case, but to be certain, Lois Kolkhorst and Nathan Johnson added a section that explicitly excluded authorization or creation of CBDC in the bill.  I thanked everyone for addressing my biggest concern, but still did not favor the bill because it enabled too much interference in Texas by other state banking supervisors.  Resolution: Sent to governor with anti-CBDC verbiage.
    • HB 5011 Capriglione / SB 2075 Paxton – This was the infamous “UCC Update” that looked like it put the CBDC nose under the tent via the capture of a national process designed to make state law as uniform as possible to make it less burdensome and costly for companies to do business in all states. It was this bill that Kristi Noem of South Dakota vetoed with a branding iron after Glenn Beck raised the alarm on his show.  This is the bill that Ron DeSantis worked with the Florida legislature to modify and condemn CBDC.  As soon as I saw that friends who do not support CBDC had introduced the bill, I gave heads up about the issue and political firestorm they were walking into.  Capriglione immediately tweeted language that he planned to amend the bill to insure no support for CBDC could be construed from the updated law.  Resolution:  The bill died quietly without a hearing in either chamber.

     

    I plan to write up resolution language to urge the governor to add monetary stability and freedom bills that protect Texans from inflation and CBDC to the call of the special session.

    No plan of battle survives first contact with the enemy and every legislative agenda morphs as different bills get filed and discussions with legislators sharpen the focus.

    Here is the way the rest of the Great Reset agenda got rearranged and categorized as things progressed.

    Prohibition from Doing Business with Texas or its Subdivisions

    • SB 2530 Hughes – Prohibits financial companies that boycott energy companies from doing business with Texas or its subdivisions. Extends SB 19 from last session that applied same to discrimination against firearms and ammunition manufacturers.  Resolution:  Passed Senate but died due to lack of hearing in House State Affairs.

    Texas Fund Divestment

    • SB 1446 Hughes -- Stops Texas public employee pensions from investing in companies “furthering social, political, or ideological interests.” Interesting, wide ranging, robust, testimony, the morning after most legislators had gotten to sleep at 3 am.  See video of some of the hearing.  Resolution:  Passed the Senate, but died due to errors in paperwork that caused placement on the House Calendar on last day, then recessing over the weekend and chubbing by Democrats.
    • SB 1489 Creighton / HB 3619 Burrows – Stops Texas university funds from investing in companies that boycott oil & gas companies. Extends SB 13 from last session that required same of Texas pension systems.  Resolution:  SB 1489 passed Senate. Both bills dead due lack of action by House Higher Ed Republican Chair John Kuempel.

    Prohibiting ESG Discrimination

    • HB 2837 Schaefer -- Prohibits credit card companies from “surveilling, reporting, or tracking” purchases of firearms or ammunition. Enforced via Attorney General civil suits.  Resolution:  VICTORY!  Sent to governor.
    • HB 1239 Oliverson / SB 833 King -- Prohibits insurance companies from denying coverage, discriminating on rates using ESG factors, or targeting disfavored industries. Resolution:  VICTORY!  SB 822 has been sent to governor.  HB 1239 stopped on House floor with point of order, but Senate action led by King saved the day.
    • SB 1060 Hughes -- Prohibits ESG related shareholder proposals from being adopted for Texas insurers and insurer holding companies. Resolution:  Passed Senate, but died by being placed on House Calendar too late.
    • SB 1607 Kolkhorst -- Prohibits money transmitters like Paypal from fining their customers for their speech. Passed Senate, but died by being placed on House Calendar too late.

    Pre-emption of Municipality ESG Implementation

    • SB 1860 Hughes / HB 4930 Craddick – Prohibits cities from passing charter amendments that create climate change policies. Resolution:  VICTORY!  Sent to governor.
    • SB 1017 Birdwell – Bill preempting political subdivisions from prohibiting gasoline engines. Resolution: VICTORY!  Sent to and signed by governor.

    Stopping Social Media Suppression

    • HB 3751 Cain / SB 1602 Hughes – Keeps trials against social media under Texas law in Texas, in other words the venue will be in Texas. Resolution: VICTORY! SB 1602 sent to governor.
    • HB 3752 Cain / SB 2510 King – Adds statutory damages from social media companies to Texans who have been suppressed. Resolution:   Author of HB 3752 postponed on House floor, killing own bill.  SB 2510 not heard in Senate State Affairs.
    • HB 4397 Cain / SB 2509 King – includes suppression of Texans speech on social media in definition of deceptive trade practice, enabling penalties of Deceptive Trade Practices Act (DTPA). Resolution: Both bills died due to lack of hearing in Dem chaired House Business & Industry.

    Slipping in the Great Reset via Transportation Policy

    We had two wins on defense, led by the able and ever vigilant Terri Hall, who spoke at our Legislative Workshop.

    • HB 3418 Canales – proposed using borrowed federal tax dollars to pilot a program to start a mileage tax in Texas. Along with a good number of activists, I testified against, urging the Senate Transportation Committee Chair Robert Nichols and the committee to quoting Barney Fife, “Nip it.  Nip it in the bud!”  Resolution:  VICTORY!  Thanks to Chair Nichols, the bill was indeed nipped.
    • HB 71 Canales – proposed adding digital driver’s license capability so that people could have their driver’s license on their phone instead of a card. I and a few other privacy advocates testified against in the House.  Resolution:  VICTORY!  But Senate Transportation Chair Nichols saved us again by refusing to hear the bill.

     

    Call our batting average in Texas Resistance to the Great Reset .412.

    Border Security

    Ultimately, we had only one victory on border security this session.  We worked with the RPT Legislative Priority Committee head, Kelly Perry to try to implement the three provisions of the priority, and we worked with a good number of other groups and activists, too.

    The one victory was the passage of one third of the RPT priority that called for interstate compact authorization on the border.  The bill was SB 1403 by Senator Tan Parker with the assistance of David Spiller in the House.  It has already been signed by the governor.

    A few minor bills made it through, but all of the big items on border security, the backing of the governor’s invocation of the self-defense reservation of power provision of Article I, Sec. 10 of the U.S. Constitution, the statutory authorization for Texas law enforcement to engage in tide-turning, game-changing repel at the border, and a new force or unit to deploy in that effort all fell short.  We have a virtual guarantee of a border security call in a special session.  Buckle up!

    We accomplished something that has been talked about for over a decade, but never done.  We actually got a comprehensive bill to drafted stop funding taxpayer services for illegal aliens.  That was another third of the RPT Border Security Legislative Priority.  We did not find anyone to sponsor it.  But now we have a draft that can be shopped.

    Call our batting average on border security .250.

    Medical Freedom and Executive Overreach

    Broad prohibitions on mandating vaccinations:

    • HB 44 Swanson / SB 303 Hall – Health care providers who participate in Medicaid and the child health plan program “may not refuse to provide health care service” to enrollees based on “refusal or failure to obtain a vaccine or immunization for a particular infectious or communicable disease.” Penalty to a violating provider is disenrollment from the program.  Resolution:  VICTORY!  HB 44 signed in both chambers.
    • SB 265 Perry – Requires reporting by physicians about experimental, investigational, and emergency use vaccine or drug-related injuries and adverse events to the federal Vaccine Adverse Event Reporting System (VAERS).  Noncompliance subject to disciplinary action by Texas Medical Board.  Resolution:  Passed Senate. Dead in House Public Health due to lack of hearing.
    • SB 1024 Kolkhorst – Hodgepodge bill that tweaks various vaccination matters. Prohibits private and government K-12 and higher ed COVID-19 vax mandates.  Prohibits government mask mandates and lockdowns.  Prohibits health care facilities and employers (with exceptions) from discriminating against COVID-19 unvaxxed.  Resolution:  Passed Senate.  Dead in House State Affairs due to lack of hearing.
    • SJR 66 Hall – Addition to Texas Bill of Rights of right to decline medical treatment, including vaccination. Resolution: Dead due to no vote in Senate HHS.

    Narrowly focused on COVID-19 vaccination:

    • HB 81 Harrison (Pub Health) / SB 177 (HHS) Middleton – The good part of this bill is that it casts the unalienable right to refuse using the language of informed consent, which has good legal precedent to back it up. The legislative finding section of the bill is very good.  The bill stops anyone from taking an adverse action or imposing a penalty of any kind for refusing a COVID-19 vaccination and imposes $5,000 or more damages against health care providers who administer such.  The only problem is the sole application to COVID-19.  Resolution:  SB 177 died in House because placed on Calendar the last day.
    • SB 29 Birdwell – Prohibits governmental vaccine mandates, lockdowns, or mask mandates for COVID-19. Resolution:  Minor VICTORY!  Watered down bill with exceptions sent to governor.
    • SB 426 Paxton – Prohibits Texas bureaucracies from interfering with doctors prescribing off-label medicines to address COVID-19. Resolution: Dead due to no hearing in House Public Health after passing Senate.
    • SB 403 Springer / HB 1313 Burrows – Texas study on adverse reactions of COVID-19 vax. Resolution:  SB 403 died after getting to Calendars too late after passing Senate.

    Bills Relating to Practice of Medicine and Patient Rights:

    • SB 301 Hall – Texas Medical Board prohibited from disciplinary action against physicians who prescribe ivermectin or hydroxychloroquine and pharmacists are prohibited from disputing or otherwise providing medical advice on the safety of those drugs. Pharmacists are shielded from liability for dispensing the drugs.  Resolution:  Deade to no hearing in House Public Health after passing Senate.
    • SB 1583 Hall – Prohibits higher ed that receive public funds from doing “gain-of-function” research and requires all organizations doing “gain-of-function” research in Texas to report it. Resolution:  Dead due to not enough votes to make it to Senate floor.
    • SB 666 Hall – Requires standing and prohibits anonymous complaints in the Texas Medical Board disciplinary process and beefs up due process in the disciplinary process. Resolution:  Dead due to no hearing in House Public Health after passing Senate.
    • SB 299 Hall – Hospitals must allow care by physician of choice even if physician is not a member of the hospital’s staff, but hospital not liable for damages resulting from treatment provided by the visiting physician. Resolution:  Dead due to no vote in Senate HHS.

    Stopping Future Executive Overreach:

    • SJR 58 / HB 1104 Birdwell w House lead Slawson – Constitutional amendment requiring legislative involvement after 30 days for large-scale disasters. Implementing HB 1104 statute stops future lockdowns and limits scope of what laws can be suspended.  Note that this is the bill that implements what the governor said early in session he wants to see before he finally declares the COVID-19 emergency over.  Resolution: Dead due to being added to Calendar on last day after passing Senate.
    • HB 107 Schaefer – Removes separation-of-power-violating open-ended penalties provision in Texas Disaster Act. Resolution:  Dead due to never getting a hearing in House State Affairs.

     

    Call our batting average on medical freedom and executive overreach .142.

    But I am a count-your-blessings kind of guy. The anti-vax discrimination for Medicare and CHIP (HB 44) victory was HUGE!  The bulk of the credit for that victory in the activist community goes to the indefatigable Jackie Schlegel of Texans for Medical Freedom and Michelle Evans and the army she represented at Texans for Vaccine Choice.

    Federal Pushback

    Neither our Texas Sovereignty Act (HB 384 Cecil Bell / SB 313 Hall) nor a pushback against unconstitutional federal executive orders (HB 262 Swanson / SB 242 Middleton) made it this session. Only one of those bills even got a hearing, SB 242.  Middleton was able to get it out of committee 7 to 3, but he had enough behind the scenes Republican opposition to stop it from making it to the Senate floor.

    The only victory in this space this session was the bill that stops Texas state agencies from enforcing federal regulations on oil and gas that do not exist in Texas law, HB 33 by Landgraf with Springer sponsorship in the Senate.

    Election Integrity Enforcement

    I worked hard on solving the State v Stephenson Court of Criminal Appeals opinion that stopped the Attorney General from having independent, state-level prosecutorial authority in this state.  I argued that the only way we would get effective election integrity enforcement in the big counties of Texas in 2024 was to create a new state-level prosecution office under the judiciary to comply with the CCA opinion.   The bill doing so was SB 1927 by Hughes.

    I include SB 1927 in my federal pushback category because while we were re-establishing state level election integrity enforcement, I was working to add state level public integrity enforcement which includes the Texas official enforcement act, which was an integral part of the Texas Sovereignty Act’s teeth.  SB 1927 was also adding state level prosecution of abortion and human smuggling.  I was pushing to add sedition and riot, too.

    Mike Schofield has been a player in this effort, too.  He introduced a Texas Rule of Law bill last session to expand the scope of AG state-level prosecutorial authority, and this session, he introduced HB 4026 with an approach similar to Hughes SB 1927.

    We definitely need a special session on this one.  I don’t think either Greg Abbott or Dan Patrick want to tell Donald Trump that they had a chance to get effective election law enforcement in the big counties of Texas in 2024, but failed to do so.

    Resolution of SB 1927:  Dead due to opposition by Senator Joan Huffman.

    Call the batting average in federal pushback this session .200.

    A Band of Brothers and Sisters

    One of the most wonderful things about going to the Capitol to advocate for liberty issues is getting to meet and hang out with the wonderful brothers and sisters in arms working on conservative issues at the Capitol, too.

    The amount of grassroots participation in this session’s legislative process has been greater than any I have ever seen.  I can list groups I have seen this session, but know I will leave some out because of the sheer volume.  Here are some I can remember of the volunteer, citizen advocates:  the members of the RPT Legislative Priorities Committees, North Texas Conservatives, Fredericksburg Tea Party, True Texas Project, Texans for Vaccine Choice, Texans for Medical Freedom, Texas for Liberty, Texas Freedom Coalition, Citizens Defending Freedom Texas, Convention of States, Texas Eagle Forum, and others I know I am forgetting.  And don’t forget the paid staff of the RPT, Texas Values, GOA, NRA, etc.

    There is a perpetual war between the swamp in Austin and the grassroots for influence over our legislature.  The grassroots played the game better this session than ever before.  And the impeachment of Paxton has given the low-information GOP primary voter a way to choose between the establishment and the grassroots in the next primary.  To adapt the old joke, we have gone through lots of manure, but we have gotten to ride a few ponies this session and know there are even more if we just keep looking.

    Continue reading →
  • Kangeroo Impeachment

    The very first section of Texas Government Code Chapter 665, the law that governs impeachment and removal, describes the proper process for impeachment. There is an order to an impeachment proceeding.
    The order is: 1) bring articles of impeachment. 2) investigate. 3) If evidence, vote.
    House leadership has not followed that process. Instead, it has 1) Investgated in secret. 2) brings articles of impeachment without any presentation of evidence or due process. 3). Forced a rapid fire vote without transparency, defense or cross examination.
    Beria, the head of the KGB under Stalin once said, “Show me the man. I will show you the crime”
    In other words, this is a Pearl Harbor sneak attack, a blitzkrieg, and a trumped up (pun intended) kangaroo process. It has all the hallmarks of one of Alinsky’s most cherished tactics - targeted personal destruction.
    Here is a email sent out from Grassroots America We The People that includes a statement by Rep Matt Schaefer, who is an attorney.
    https://mailchi.mp/gawtp/phelan-inc-backroom-impeachment
    Continue reading →
  • Vote NO on Paxton Impeachment

    Just when we thought it was virtually over at this Texas Legislature, it appears that Speaker Dade Phelan and his team is joining with Democrats to launch a lightening strike on Ken Paxton by bringing up a vote on impeachment to the House floor this afternoon.

    This is Deep State action to bring down the most effective Attorney General in the nation in stopping rogue actions by the rogue presidency. Note that Trump is not the only target of the Deep State.  Trump endorsed candidates are also at risk.

    This will be a defining vote for distinguishing between establishment state reps and grassroots state reps.

    Paxton has maintained that charges against him, ones that were deployed by both his primary and general election opponents only to be rejected by the voters, are incorrect.  He has never been convicted in a court of law for any of this.

    Not only is this impeachment a blitzkrieg and bogus, it is a disenfranchisement of the voters and illegal.

    The statute under which impeachment is implemented in Texas is the Texas Government Code, Chapter 665. That chapter contains the following:

    Sec. 665.081. NO REMOVAL FOR ACTS COMMITTED BEFORE ELECTION TO OFFICE. (a) An officer in this state may not be removed from office for an act the officer may have committed before the officer's election to office.

    The charges are nothing new.  The voters were made aware of the charges and rejected them.

    Call your State Rep to ask him or her to vote NO on impeachment.  Use this directory to find the number.

    Use the links below to email all the Texas House Republicans to urge them to vote NO on impeachment.

    First email list

    Second email list

     

    Continue reading →
  • Ask Chair Schwertner for HJR 146 In Person Tomorrow

    I have a 4 year old grand daughter. One thing she knows is that if she asks and asks and asks and asks and asks, she will probably get what she wants.
    I figure that I need to be as persistent in asking on her behalf for what she doesn't know she wants now, but what she surely will want as she lives the rest of her life - the economic health that comes from monetary stability and freedom.
    I note that the Senate Business & Commerce Committee (the very committee in which HJR 146 now languishes) is scheduled for another meeting tomorrow (Sunday) at 2:30 pm in E1.012.
    The notice says that the meeting is only to consider pending business - meaning that it will vote on bills already heard.
    I also note that the Senate Local Government Chair Paul Bettencourt has called a meeting later the same day (Sunday) of his committee that is stacked full of bills to be heard.
    I have already asked Chair Charles Scwhertner's staff to add hearing HJR 146 to that meeting. The bill sponsor, Senator Tan Parker is still pitching, too.
    SO, I AM GOING TO GO WATCH THE B&C HEARING TOMORROW, AND ASK CHAIR CHARLES SCHWERTNER AGAIN TO HEAR HJR 146.

    I HOPE YOU WILL JOIN ME.

    I figure I can do nothing less for my posterity and yours.
    Click here to learn more about the right to use your currency of choice.
    Continue reading →
  • End Game

    End Game Legislative Action Alerts and Status Report

    May 20, 2023 (Day 130 of 140 of the 88th Texas Legislature)

    Deadlines are rapidly approaching.  Bills have passed, are dying, and progressing.  For some it will be a close run thing.  Here is the latest from the thick of battle in the end-game.

    ACTION TODAY!:  Urge House Calendars to Set These Bills on the House Calendar

    Two more daily House calendars are left to get bills voted on in the House before midnight, Tuesday, May 23.  The Monday calendar that gives the best hope of actually getting a vote on the House floor will be set this afternoon or evening.  The Tuesday calendar will probably be set on Monday.

    The action item is to email the Calendars Committee, urging immediate placement on the calendar for the following.

    If you are able to go to the Capitol, today, visit each Calendars Committee office and fill out a green slip for each.

    Important bills in Calendars, ready to be set on the Monday calendar:

    • SB 833 King (Oliverson) -- Prohibits insurance companies from denying coverage, discriminating on rates using ESG factors, or targeting disfavored industries.
    • SB 1607 Kolkhorst -- Prohibits money transmitters like Paypal from fining their customers for their speech.
    • SB 1060 Hughes -- Prohibits ESG related shareholder proposals from being adopted for Texas insurers and insurer holding companies.
    • SB 1446 Hughes -- Stops Texas public employee pensions from investing in companies “furthering social, political, or ideological interests.”
    • SB 177 – Middleton w Harrison House sponsor -- Casts the unalienable right to refuse using the language of informed consent, which has good legal precedent to back it up. The legislative finding section of the bill is very good.  The bill stops anyone from taking an adverse action or imposing a penalty of any kind for refusing a COVID-19 vaccination and imposes $5,000 or more damages against health care providers who administer such.

    Important bills for which paperwork is done and arrival in Calendars is imminent:

    • SJR 58 / SB 1104 Birdwell w House lead Slawson – Constitutional amendment requiring legislative involvement after 30 days for large-scale disasters. Implementing HB 1104 statute stops future lockdowns and limits scope of what laws can be suspended.  Note that this is the bill that implements what the governor said early in session he wants to see before he finally declares the COVID-19 emergency over.
    • SB 29 Birdwell – Prohibits governmental vaccine mandates, lockdowns, or mask mandates for COVID-19.
    • SB 403 Springer – Texas study on adverse reactions of COVID-19 vax. House Calendars Committee Chair Burrows is House sponsor.

    The Border Security End-Game and Action Item

    On Thursday, Senate Border Security Chair Brian Birdwell unveiled his substantive committee substitute for the only remaining border security vehicle for the session, State Rep Ryan Guillen’s Speaker designated HB 7 and by end of that day.

    Chair Birdwell added back a slightly different version of the border trespass felony and for the most part de-emasculated the border unit, but it left out the most important mission for the unit, to repel.  The unit was moved to be part of the Texas Rangers, reporting to the head of the Texas Rangers, up through the directors of the DPS, which reports to the governor.  The county veto and jurisdictional limits that previously existed were removed.

    The vital thing to know is that the Texas Constitution in Article 4, Section 7 authorizes the governor to repel using the Texas military when invaded.  But law enforcement, as this new Border Force will be designated, must have statutory authorization to repel.  If we don’t add repel to HB 7, the governor will not have legal authority to use the Texas Border Force to repel and will have to rely on the Texas military to do it.

    And, sadly, all legislative findings setting us up with the best constitutional arguments when we are dragged into federal court, are completely missing from the bill.  Significantly, a MALDEF attorney testified at the hearing (as she had in House State Affairs), that MALDEF considered any action Texas takes to secure the border to be immigration enforcement and therefore preempted by US v Arizona.  It is vital that our border security bills have legislative findings making clear that Texas is NOT enforcing immigration law, but rather acting under the self-defense reservation of power of Article I, Section 10 when we are in imminent danger or actually invaded.

    So, I have now crafted an amendment to add the authorization to repel to the Border Force and to add legislative findings giving the governor backing from the legislature to take independent action to protect the people of Texas from the cartels.

    ACTIONUse this link to email the Republican Senators and Lieutenant Governor to adopt these two amendments when HB 7 gets to the Senate floor next week.

    One note about where we go from here.  The heroic Matt Schaefer, who worked on the speaker bill that the speaker stabbed in the back (HB 20) predicts that point-of-order similar to what killed HB 20 will be used to kill HB 7 when it gets back to the House.  I have told him that the Speaker will get most of the blame for the failure of his own two border security jewels if the point of order does indeed do as Schaefer predicts.  And everyone I have talked to thinks it likely that if HB 7 is killed by the Speaker, that the governor will add border security to the call of the special session we all know is coming for other reasons.

    Note that the border interstate compact SB 1403 by Tan Parker and David Spiller has been sent to the governor!

    HJR 146 is Hung Up Waiting for Senate Chair Charles Schwertner

    After a glorious victory in the House on Wednesday, May 10, 2023 for the right to use currency of choice  HJR 146, I think it likely that the bill is dead in the Senate.  The deadline for the Senate voting on bills from the House is Wednesday, May 24.  Theoretically, it is possible that we could get added if a one more hearing is set on Monday or Tuesday, giving us time for a vote on Wednesday, but that is probably not going to happen.

    The roadblock is Senate Business & Commerce Chair Charles Schwertner.  We have been pounding the committee with emails and Senator Schwertner with phone calls.  I have talked to him personally.  Senator Tan Parker has talked to him repeatedly, going so far as to seek the assistance of the Lt Governor, but so far Chair Schwertner has refused to hear HJR 146.

    At the end of the session, a crush of bills has hit Chair Schwertner’s committee, and he has to prioritize what bills live and what bills die.  Thursday, he chose to hear the corporate welfare bill, HB 5 instead of HJR 146.  Friday, he heard these 36 bills instead of HJR 146.

    ACTION ITEM:  Call Senator Schwertner’s office at 512-463-0105 to ask that he hear HJR 146.  Send emails to each Texas Senator urging quick passage of HJR 146 using this link.  If we don’t get it heard Monday or Tuesday, the bill is dead.  Note that the Senate is going to convene on Sunday afternoon at 4 pm, so theoretically, staff will be in the office in that time frame.

    Click here to read more background and rationale and to find a PDF one pager in support of HJR 146.

    I plan to start working to ask the governor to add monetary freedom issues, including this bill, digital gold, and CBDC to the special session call.  More on that later.

    I will tell you that I feel like the salesman in this cartoon:

    Hearings

    Given House deadlines, the most important of which is the Tuesday deadline to hear Senate bills on second reading, it is too late for any House hearings next week to do any good.

    As stated above, there is slight chance that Senate Business & Commerce will hold a hearing Monday or Tuesday and HJR 146 could be added, but no Senate hearings of substance have been scheduled for next week at this writing.

    The Thrill of Victory and the Agony of Defeat - Status on Bills We are Supporting

    Medical Freedom

    Here are bills that are broad prohibitions on mandating vaccinations:

    • HB 44 Swanson / SB 303 Hall – Health care providers who participate in Medicaid and the child health plan program “may not refuse to provide health care service” to enrollees based on “refusal or failure to obtain a vaccine or immunization for a particular infectious or communicable disease.” Penalty to a violating provider is disenrollment from the program.  Status:  HB 44 passed House and vote held on 5/17 in Senate HHS. Puzzlingly, the record does not show it favorably reported, yet, or placed on intent calendar.
    • SB 265 Perry – Requires reporting by physicians about experimental, investigational, and emergency use vaccine or drug-related injuries and adverse events to the federal Vaccine Adverse Event Reporting System (VAERS). Noncompliance subject to disciplinary action by Texas Medical Board.  Status:  Passed Senate. Dead in House Public Health due to lack of hearing.
    • SB 1024 Kolkhorst – Hodgepodge bill that tweaks various vaccination matters. Prohibits private and government K-12 and higher ed COVID-19 vax mandates.  Prohibits government mask mandates and lockdowns.  Prohibits health care facilities and employers (with exceptions) from discriminating against COVID-19 unvaxxed.  Status:  Passed Senate.  Dead in House State Affairs due to lack of hearing.
    • SJR 66 Hall – Addition to Texas Bill of Rights of right to decline medical treatment, including vaccination. Status:  Heard in HHS. Dead due to no vote in HHS.

    Here are the bills I know of that are introduced as narrowly focused on COVID-19 vaccination:

    • HB 81 Harrison (Pub Health) / SB 177 (HHS) Middleton – The good part of this bill is that it casts the unalienable right to refuse using the language of informed consent, which has good legal precedent to back it up. The legislative finding section of the bill is very good.  The bill stops anyone from taking an adverse action or imposing a penalty of any kind for refusing a COVID-19 vaccination and imposes $5,000 or more damages against health care providers who administer such.  The only problem is the sole application to COVID-19.  Status:  SB 177 passed Senate, has been in House Calendars 9 days since 5/11.
    • SB 29 Birdwell – Prohibits governmental vaccine mandates, lockdowns, or mask mandates for COVID-19. Status:  Passed Senate.  Paperwork has been issued.  May make it to Calendars today in time to get a vote in House.
    • SB 426 Paxton – Prohibits Texas bureaucracies from interfering with doctors prescribing off-label medicines to address COVID-19. Status: Passed Senate. Referred to House Public Health. Dead due to no hearing in House Public Health.
    • SB 403 Springer / HB 1313 Burrows – Texas study on adverse reactions of COVID-19 vax. Status: SB 403 passed Senate. Reported favorably from House Public Health on 5/18. But paperwork not done. Since this is a Calendars Committee Chair bill, if it makes it to him, likely to be placed on House Calendar, but it will be a close-run thing.

    Bills Relating to Practice of Medicine and Patient Rights:

    • SB 301 Hall – Texas Medical Board prohibited from disciplinary action against physicians who prescribe ivermectin or hydroxychloroquine and pharmacists are prohibited from disputing or otherwise providing medical advice on the safety of those drugs. Pharmacists are shielded from liability for dispensing the drugs.  Status:  Passed Senate.  Dead due to no hearing in House Public Health.
    • SB 1583 Hall – Prohibits higher ed that receive public funds from doing “gain-of-function” research and requires all organizations doing “gain-of-function” research in Texas to report it. Status:  Dead due to not enough votes to make it to Senate floor.
    • SB 666 Hall – Requires standing and prohibits anonymous complaints in the Texas Medical Board disciplinary process and beefs up due process in the disciplinary process. Status:  Passed Senate. Dead due to no hearing in House Public Health.
    • SB 299 Hall – Hospitals must allow care by physician of choice even if physician is not a member of the hospital’s staff, but hospital not liable for damages resulting from treatment provided by the visiting physician. Status:  Dead due to no vote in  Senate HHS.

    Stopping Future Executive Overreach:

    • SJR 58 / SB 1104 Birdwell w House lead Slawson – Constitutional amendment requiring legislative involvement after 30 days for large-scale disasters. Implementing HB 1104 statute stops future lockdowns and limits scope of what laws can be suspended.  Note that this is the bill that implements what the governor said early in session he wants to see before he finally declares the COVID-19 emergency over.  Status:  Passed Senate. Passed House State Affairs and paperwork distributed, but not yet in Calendars. Will be close-run thing to make it through Calendars and get vote by Tuesday, midnight.
    • HB 107 Schaefer – Removes separation-of-power-violating open-ended penalties provision in Texas Disaster Act. Since this bill is dead in the House, am urging Schaefer to add it as amendment to HB 1104 if we can get HB 1104 to the House floor.

    Texas Resistance to Great Reset

    Prohibition from Doing Business with Texas or its Subdivisions

    • SB 2530 Hughes – Prohibits financial companies that boycott energy companies from doing business with Texas or its subdivisions. Extends SB 19 from last session that applied same to discrimination against firearms and ammunition manufacturers.  Status:  Dead due to lack of hearing in House State Affairs.

    Texas Fund Divestment

    • SB 1446 Hughes -- Stops Texas public employee pensions from investing in companies “furthering social, political, or ideological interests.” Interesting, wide ranging, robust, testimony, the morning after most legislators had gotten to sleep at 3 am.  See video of some of the hearing.  Status:  Passed the Senate.  Errors in paperwork caused arrival in Calendars only yesterday, May 19.  Needs Calendars to act quickly.
    • SB 1489 Creighton / HB 3619 Burrows – Stops Texas university funds from investing in companies that boycott oil & gas companies. Extends SB 13 from last session that required same of Texas pension systems.  Status:  SB 1489 passed Senate. Both bills dead due to lack of hearing in House Higher Ed chaired by John Kuempel.

    Prohibiting ESG Discrimination

    • HB 2837 Schaefer -- Prohibits credit card companies from “surveilling, reporting, or tracking” purchases of firearms or ammunition. Enforced via Attorney General civil suits.  Status:  VICTORY!  Finally passed Senate last night, May 19. On the way to the governor after ministerial steps.
    • HB 1239 Oliverson / SB 833 King -- Prohibits insurance companies from denying coverage, discriminating on rates using ESG factors, or targeting disfavored industries. Status:  HB 1239 stopped on House floor with point of order.  Amended SB 833 passed Senate and got to Calendars yesterday, May 19.  Quick action by Calendars needed.
    • SB 1060 Hughes -- Prohibits ESG related shareholder proposals from being adopted for Texas insurers and insurer holding companies. Status:  Passed Senate.  Got to Calendars on May 16.  Quick action by Calendars needed.
    • SB 1607 Kolkhorst -- Prohibits money transmitters like Paypal from fining their customers for their speech. Status:  Passed Senate.  Errors in paperwork caused arrival in Calendars only yesterday, May 19.  Needs Calendars to act quickly.

    Pre-emption of Municipality ESG Implementation

    • SB 1860 Hughes / HB 4930 Craddick – Prohibits cities from passing charter amendments that create climate change policies. Status:  VICTORY!  Sent to governor yesterday, May 19.

    Stopping Social Media Suppression

    • HB 3751 Cain / SB 1602 Hughes – Keeps trials against social media under Texas law in Texas, in other words the venue will be in Texas. Status: VICTORY! SB 1602 sent to governor, May 17.
    • HB 3752 Cain / SB 2510 King – Adds statutory damages from social media companies to Texans who have been suppressed. Status:   Author of HB 3752 postponed on House floor, killing own bill.  SB 2510 not heard in Senate State Affairs.
    • HB 4397 Cain / SB 2509 King – includes suppression of Texans speech on social media in definition of deceptive trade practice, enabling penalties of Deceptive Trade Practices Act (DTPA). Status: Both bills died due to lack of hearing in Dem chaired House Business & Industry.

    Monetary stability/Opposition to CBDC

    • HJR 146 Capriglione w Senate sponsor Parker – Addition to Texas Bill of Rights to recognize natural right to use currency of choice. Status:  Passed House 139 – 2.  Likely dead due to lack of hearing in Senate Business & Commerce. (see above)
    • SB 2334 Hughes / HB 4903 Dorazio – Digital warehouse receipts/currency backed by gold and silver in Texas Bullion Depository. Status:  SB 2334 killed by Senate Finance Chair Joan Huffman.  HB 4903 was placed on last day Calendar, but now is dead as vehicle.
    • SCR 25 Parker -- Texas resolution against Central Bank Digital Currency (CBDC). Status: Passed Senate. Dead due to not being heard in House State Affairs.


    Election Integrity Enforcement

    SB 1927 Hughes – The only bill that will be effective in seeing enforcement of election law in big counties in 2024 and beyond.  Beefs up existing State Prosecutor Office, delegating independent prosecutorial authority for election integrity, public integrity, abortion, and human trafficking.  Status:  Dead due to opposition by Senator Joan Huffman.

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  • Tommy Howe
    commented 2018-11-04 10:26:16 -0600
    I just joined and I am looking for the petition to sign….where is it?
  • Von Arney
    commented 2018-05-25 09:09:44 -0500
    My heart sings because we have a chance for States and We The People to take back their rights, stop National intrusion into State affairs.

    God Bless Texas and the men and women leading this charge.

    This fight can be won.

    Join the fight and be a part of history.