Bill > HB796

This bill establishes a new process for the Texas Legislature to declare certain federal directives unconstitutional, specifically those that the legislature believes infringe on state rights under the Tenth Amendment or limit the state's ability to protect and promote the health, safety, and prosperity of its people. Under the proposed law, the legislature can, by a two-thirds vote in each house, pass a concurrent resolution identifying a specific federal directive as unconstitutional and prohibit state government officers and employees (including those from political subdivisions and charter schools) from enforcing or assisting in enforcing that directive. The resolution must clearly identify the federal directive, explain the basis for considering it unconstitutional, specify which officers are prohibited from enforcement, and outline any additional compliance requirements. Importantly, the bill clarifies that the legislature's failure to review a federal directive does not imply the directive is constitutional, and it does not limit the attorney general's ability to challenge federal directives in court. The bill defines federal directives broadly to include federal laws, presidential executive orders, and federal agency rules, policies, orders, or standards. The legislation would take effect immediately if it receives a two-thirds vote in both legislative chambers, or on September 1, 2025, if it does not.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB796