Texas lawmakers consider telling U.S. gov't to 'cease and desist'

By ANNA M. TINSLEY

AUSTIN -- Note to Washington, D.C.: Texas is a sovereign state.

After Gov. Rick Perry's recent comments about some Texans talking secession from the union made national news, legislators are considering issuing a "cease and desist" order to the federal government.

"This state prefers, to the greatest extent possible, to control our own destiny," said Rep. Vicki Truitt, R-Keller, one of several members co-sponsoring the measure. "We prefer that federal government limit the amount of federal mandates it forces upon the people of Texas."

House Concurrent Resolution 50, which claims sovereignty for Texas under the U.S. Constitution's 10th Amendment, was one of several proposals to go before the House State Affairs Committee late Tuesday.

Rep. Brandon Creighton, R-Conroe, filed the bill, saying that more than a dozen states have proposed similar efforts amid concern that the federal government may be overstepping its boundaries.

"From restrictions on gun and ammunition sales, to freedom-of-choice issues, to the Real ID Act, the federal government is passing laws that limit a state's ability to govern itself," Creighton has said. "Texas simply wants to send the message that we want to govern ourselves and decide for ourselves how our money is to be spent."

Under this resolution, the 81st Legislature "hereby claim[s] sovereignty under the Tenth Amendment to the Constitution of the United States."

"This serve[s] as notice and demand to the federal government ... to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers."

Rep. Mark Shelton, R-Fort Worth, also signed on as a co-sponsor.

"Texans should have the right for their representatives in Austin to decide what is best for Texas," Shelton said.

Perry -- who stirred a firestorm last week with secession talk -- said he supports this bill, especially since the federal government "has become oppressive in its size, its intrusion into the lives of our citizens, and its interference with the affairs of our state." "I believe that returning to the letter and spirit of the U.S. Constitution and its essential 10th Amendment will free our state from undue regulations, and ultimately strengthen our union."

Rep. Lon Burnam, D-Fort Worth, said that he initially considered serving as a co-sponsor as well but that he changed his mind because of Perry.

"The concept has been corrupted by gubernatorial politics," he said.