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Texas Bill #SCR 39   View text of Bill | Go to Bill Online
Bill Name:Senate Resolution 39
Type:State Sovereignty
Requested Patriot Action: Texas does not go back into session until Jan 2011. Before then there will be a need for this Sovereignty bill (SCR 39) and other States' Rights bills. We suggest you find out what bills are in the works and ask your Legislators to push for a special session in 2010 to handle all States' Rights bills. This might be done at the same time as another special session as there will likely be one for the budget.

Let us know what response you get.
Committees: 03/13/2009 S.C.R. No. 39 Referred to Senate State Affairs Committee

Sponsors: Sponsored by Senator:

Hegar (512) 463-0118,(281) 391-8883

Co-sponsored by Senator:

Nelson (512) 463-0112,(817) 424-3446

Session Schedule: No Even Year Sessions

January 2011 - July 2011
Similar Bills in other states: 
Date Introduced: 3/4/2009
Status:In Senate State Affairs Committee - Nxt Session Jan 2011 if no Special Session
Passed House committee:
Passed Senate committee:
Passed Senate:
Passed House:
Link to Bill history: Go to Bill history
Bill History: Bill: SCR 39
Legislative Session: 81(R) Add to Bill List

Last Action: 03/13/2009 S Referred to State Affairs

Caption Version: Introduced
Caption Text: Affirming that the State of Texas claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution, serving notice to the federal government to cease and desist certain mandates, and providing that certain federal legislation be prohibited or repealed.

Author: Hegar

Coauthor: Nelson

Subjects: Intergovernmental Relations (I0447)
Resolutions--Legislative Policy (I0685)
Resolutions--Memorializing Congress (I0675)

Senate Committee: State Affairs
Status: In committee

Actions: (descending date order)
Description Comment Date Time Journal Page
S Co-author authorized 04/15/2009 1017
S Referred to State Affairs 03/13/2009 493
S Read first time 03/13/2009 493
S Filed 03/04/2009
S Received by the Secretary of the Senate 03/04/2009

House votes:
Senate votes:
Federal reply:
State constitution: Texas State Constitution

Humbly invoking the blessings of Almighty God, the people of the State of Texas, do ordain and establish this Constitution.


Sec. 1. FREEDOM AND SOVEREIGNTY OF STATE. Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.

Sec. 2. INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.

Sec. 3. EQUAL RIGHTS. All free men, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services.

Sec. 3a. EQUALITY UNDER THE LAW. Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative.

Sec. 4. RELIGIOUS TESTS. No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being.

Sec. 5. WITNESSES NOT DISQUALIFIED BY RELIGIOUS BELIEFS; OATHS AND AFFIRMATIONS. No person shall be disqualified to give evidence in any of the Courts of this State on account of his religious opinions, or for the want of any religious belief, but all oaths or affirmations shall be administered in the mode most binding upon the conscience, and shall be taken subject to the pains and penalties of perjury.

Sec. 6. FREEDOM OF WORSHIP. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.

Sec. 7. APPROPRIATIONS FOR SECTARIAN PURPOSES. No money shall be appropriated, or drawn from the Treasury for the benefit of any sect, or religious society, theological or religious seminary; nor shall property belonging to the State be appropriated for any such purposes.

Sec. 8. FREEDOM OF SPEECH AND PRESS; LIBEL. Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press. In prosecutions for the publication of papers, investigating the conduct of officers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.

Sec. 9. SEARCHES AND SEIZURES. The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.
Sec. 32. MARRIAGE. (a) Marriage in this state shall consist only of the union of one man and one woman.

(b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.

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