Bill > SB80

This bill establishes the Texas Sovereignty Act, which creates a new mechanism for the state to challenge and potentially nullify federal actions it considers unconstitutional. The bill creates a 12-member Joint Legislative Committee on Constitutional Enforcement, composed of six representatives from the Texas House and six from the Texas Senate, tasked with reviewing federal laws, executive orders, court decisions, and other federal actions to determine their constitutionality. The committee would evaluate these actions by examining the original intent of the U.S. Constitution, including historical documents like ratifying debates and early congressional understandings. If the committee determines a federal action is unconstitutional, they would submit this finding to the Texas Supreme Court for review. If the Supreme Court agrees, the full legislature would vote on the matter, and if a majority declares the action unconstitutional, the state would effectively nullify that federal action within Texas, prohibiting state and local governments from spending resources to implement it and potentially allowing state officials to prevent its enforcement. The bill also adds a provision to the Civil Practice and Remedies Code allowing Texas courts to issue declaratory judgments about unconstitutional federal actions, with courts instructed to rely on the original understanding of the Constitution rather than previous court interpretations. Ultimately, the bill aims to assert state sovereignty and provide a mechanism for Texas to resist federal actions it believes exceed constitutional limits.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB80