83R1778 PMO-F
 
  By: White H.J.R. No. 48
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment relating to the rights of
  individuals to choose or decline to choose to purchase health
  insurance coverage.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article I, Texas Constitution, is amended by
  adding Section 34 to read as follows:
         Sec. 34.  (a)  Each individual in this state has the right to
  choose or decline to choose to purchase health insurance coverage
  without penalty or sanction or threat of penalty or sanction.
         (b)  A state agency, public official, employee, or political
  subdivision of this state may not act to impose, collect, enforce,
  or effectuate a penalty or sanction intended to punish or
  discourage the exercise of the right described by Subsection (a) of
  this section.
         (c)  This section may not be construed to impair:
               (1)  any right of contract related to the provision of
  health insurance coverage to any individual or group; or
               (2)  the establishment or enforcement of a court or
  administrative order for the medical support of a child.
         (d)  For purposes of this section, "penalty or sanction"
  includes any civil or criminal fine, administrative penalty,
  license suspension or revocation, suspension or revocation of the
  authority to engage in business in this state, tax, salary or wage
  withholding or garnishment, surcharge, or fee, or any other
  consequence imposed to punish or discourage the exercise of rights
  protected under Subsection (a) of this section.
         SECTION 2.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 5, 2013.
  The ballot shall be printed to provide for voting for or against the
  proposition: "The constitutional amendment providing individuals
  the right to choose or decline to choose to purchase health
  insurance coverage without penalty or sanction or threat of penalty
  or sanction."