Bill > SB707

This bill establishes a new chapter in the Texas Government Code that provides the state legislature with a formal process to declare certain federal directives unconstitutional. Specifically, the bill defines a "federal directive" as federal laws, executive orders, or agency rules, and creates a mechanism for the legislature to determine if such directives infringe on state powers or limit the state's ability to protect public health, safety, and prosperity. Under this bill, the legislature can, by concurrent resolution approved by two-thirds of members present, identify a specific federal directive as unconstitutional and prohibit state government officers and employees from enforcing or assisting in enforcing that directive. The resolution must clearly identify the 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 legislative inaction does not imply a directive's constitutionality and does not prevent the attorney general from challenging federal directives. The bill would take effect immediately if it receives a two-thirds vote in both legislative chambers, or on September 1, 2025, if it does not receive the required immediate-effect voting threshold.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB707