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A Republican-launched initiative embraced by Gov. Rick Perry, exhorting Congress to affirm states' rights as outlined in the 10th Amendment, was shot down Tuesday by a lone Democrat on a point of parliamentary procedure.

The resolution was designed to serve notice on the federal government to "cease and desist certain mandates" and called for the repeal or prohibition of certain federal legislation.

The measure, which did not bind the state to action, became swept up in secessionist talk when Perry empathized with the sentiment at a "tea party" political rally just days after he called a news conference to tout the state's resolution.

On Tuesday, just as Rep. Brandon Creighton, R-Conroe, was introducing the resolution, Rep. Senfronia Thompson, D-Houston, raised a procedural point that notice of the committee hearing on the measure was improperly posted.

She said that although "states' rights" was used as a banner for segregation and Jim Crow laws, that was not her immediate concern. Thompson said she opposed the resolution because it, and others like it, are feeding movements that challenge federal authorities to regulate guns, taxes or fund needed state programs such as children's health and unemployment insurance.

"I don't want to see that used as a mechanism to block that assistance," she said.

Creighton said he was disappointed by the setback but hoped there was still time to resurrect the resolution within the next 12 days before the session ends.

"It's interpreted that this is an effort to either slap at the White House or that it brings back hurtful memories about how the 10th Amendment has been used in the past. That most certainly isn't the case," he said.

He said his resolution was aimed at unfunded federal mandates, burdensome regulation and unfettered spending.

He said many Texans including Democrats are concerned that their prosperity and future are being squandered by Congress.

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