Representative
James White (R-Lufkin) has pre-filed House Joint Resolution 48 (HJR
48) in the Texas
State House of Representatives. The bill is designed to amend
Article I of the Texas Constitution and would protect the rights of
people there to decide for themselves whether or not to purchase
health insurance. It states, in part:
“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.”
This bill essentially nullifies the requirement of individuals to purchase health insurance as described in the Patient Protection and Affordable Care Act. In Section 5000A of the PPACA, it states that individuals must have healthcare coverage, as well as their dependents in any given month. If coverage is lacking, a penalty will be imposed, unless certain income requirements aren’t met. From the act:
This bill essentially nullifies the requirement of individuals to purchase health insurance as described in the Patient Protection and Affordable Care Act. In Section 5000A of the PPACA, it states that individuals must have healthcare coverage, as well as their dependents in any given month. If coverage is lacking, a penalty will be imposed, unless certain income requirements aren’t met. From the act:
‘‘(a)
An applicable individual shall for each month beginning after 2013
ensure that the individual, and any dependent of the individual who
is an applicable individual, is covered under minimum essential
coverage for such month.
(b)
(1) IN GENERAL.—If an applicable individual fails to meet the
requirement of subsection (a) for 1 or more months during any
calendar year beginning after 2013, then, except as provided in
subsection (d), there is hereby imposed a penalty with respect to the
individual in the amount determined under subsection (c).”
HJR48
would counter the insurance mandate by preventing any State employee
or public official from helping effectuate the penalties for
non-compliance:
“A state agency, public official, employee, or political subdivision oft his 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....”(click here to read this whole story, and others, about opposition to Obama's policies and objectives)
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