Bill Text: TX HB301 | 2011-2012 | 82nd Legislature | Comm Sub


Bill Title: Relating to the establishment of English as the official language of Texas and the requirement that official acts of government be performed in English.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2011-05-06 - Committee report sent to Calendars [HB301 Detail]

Download: Texas-2011-HB301-Comm_Sub.html
  82R366 YDB-F
 
  By: Berman, Jackson H.B. No. 301
 
 
 
A BILL TO BE ENTITLED
 
 
 
  relating to the establishment of English as the official language
 
  of Texas and the requirement that official acts of government be
 
  performed in English.
         
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
         SECTION 1.  The legislature finds and declares:
               
               (1)  the people of the United States have brought to
 
  this nation the cultural heritage of many nations;
               
               (2)  the people of the United States, despite their
 
  many differences, have lived together harmoniously and
 
  productively as citizens of one nation;
               
               (3)  the traditional and common language of the United
 
  States and of this state is English;
               
               (4)  a knowledge of the common language is essential to
 
  the full exercise of constitutional freedoms, the informed and
 
  knowledgeable empowerment of voters, citizen checks against
 
  government abuses, individual prosperity, and independence;
               
               (5)  the English language has been the strongest bond
 
  among citizens of this nation and has contributed substantially to
 
  national unity and societal cohesiveness;
               
               (6)  English has been this nation's language by custom
 
  only and warrants special legal protection;
               
               (7)  government has a fiduciary responsibility to the
 
  citizenry to ensure that it operates as efficiently as possible,
 
  and the growth of multiple language bureaucracies and printing
 
  represents an abrogation of this fiduciary responsibility; and
               
               (8)  this state, its political subdivisions, and the
 
  federal government have a responsibility to ensure that citizens
 
  have opportunities to learn English.
         
         SECTION 2.  Title 10, Government Code, is amended by adding
 
  Subtitle H to read as follows:
 
  SUBTITLE H.  OFFICIAL LANGUAGE FOR ACTS OF GOVERNMENT
 
  CHAPTER 2351.  ENGLISH AS OFFICIAL LANGUAGE OF GOVERNMENT AND FOR
 
  ACTS OF GOVERNMENT
         
         Sec. 2351.001.  DEFINITION.  In this chapter, "official act
 
  of government" means:
               
               (1)  an action of this state or a political subdivision
 
  of this state that carries the full weight and authority of law;
               
               (2)  an official document recorded or first maintained
 
  on or after September 1, 2011, by this state or a political
 
  subdivision of this state for the public domain, including a tax
 
  record, professional license, deed, real estate record, or publicly
 
  probated will or other document of a court system; or
               
               (3)  a public proceeding of a governing body of this
 
  state or a political subdivision of this state held on or after
 
  September 1, 2011.
         
         Sec. 2351.002.  PURPOSE.  It is the purpose of this chapter
 
  to preserve, protect, and strengthen the unifying role of English
 
  as the official language of this state.
         
         Sec. 2351.003.  ENGLISH AS OFFICIAL LANGUAGE.  (a)  English
 
  is the official language of this state and is the language of
 
  official acts of government.
         
         (b)  This state or a political subdivision of this state may
 
  not make any policy expressing a preference for any language other
 
  than English or diminishing or ignoring the unifying role of
 
  English as designated by this chapter, except as provided by
 
  Section 2351.004.
         
         (c)  An elected or appointed officer of this state or a
 
  political subdivision of this state shall take all reasonable steps
 
  to ensure that the role of English as the official language of this
 
  state is preserved and enhanced.
         
         Sec. 2351.004.  APPLICABILITY OF CHAPTER.  This chapter does
 
  not:
               
               (1)  supersede contrary provisions imposed under
 
  federal law;
               
               (2)  prohibit the use of another language for the
 
  public safety, health, or justice;
               
               (3)  prohibit instruction in foreign language courses;
               
               (4)  prohibit instruction designed to aid students with
 
  limited English proficiency in their transition and integration
 
  into the education system;
               
               (5)  prohibit the promotion of international commerce
 
  or tourism; or
               
               (6)  prohibit a court or an administrative agency from
 
  admitting into evidence or relying on a record that is from another
 
  jurisdiction and originally written in another language, if the
 
  court or agency determines the record is necessary for a proceeding
 
  or hearing.
         
         Sec. 2351.005.  PROHIBITED APPROPRIATION.  The legislature
 
  or a governing body of a political subdivision of this state may not
 
  appropriate any money to promote the use of or demonstrate a
 
  preference for any language other than the official language,
 
  except as provided by Section 2351.004.
         
         Sec. 2351.006.  CONSTRUCTION OF CHAPTER.  This chapter may
 
  not be:
               
               (1)  construed in any way to infringe on the rights of
 
  citizens, who have every right to choose their own primary
 
  language, in the use of language for private conduct; or
               
               (2)  used to dictate language policies for the
 
  operation and administration of organizations or businesses in the
 
  private sector.
         
         SECTION 3.  This Act takes effect September 1, 2011.
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