Representative James White (R-Luftkin) has prefiled 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:
‘‘(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:Details