Bill > HB898

This bill establishes the Texas Sovereignty Act, which creates a formal mechanism for the state to challenge and potentially nullify federal actions it deems unconstitutional. The bill creates a 12-member Joint Legislative Committee on Constitutional Enforcement, comprised of six representatives from the Texas House and six from the Senate, tasked with reviewing federal laws, executive orders, agency rules, court decisions, and treaties to determine if they exceed constitutional authority. When reviewing federal actions, the committee must consider historical context, including the original understanding of the Constitution by the framers, ratifying debates, and early judicial interpretations. If the committee determines a federal action is unconstitutional by majority vote, the full legislature will vote on the determination, and if approved by both houses and the governor, the federal action would be declared null and void within Texas. The bill empowers state officials to refuse to enforce or spend resources on such federal actions and allows the state attorney general to defend against their implementation. Additionally, the bill grants Texas courts the ability to issue declaratory judgments on federal actions' constitutionality, requiring courts to rely on the Constitution's original meaning rather than solely on previous judicial interpretations. The bill emphasizes state sovereignty, the Tenth Amendment, and the principle that the federal government's powers are limited to those specifically delegated by the Constitution.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB898