Bill > HB78

This bill establishes the Texas Sovereignty Act, which creates a mechanism for the Texas legislature and state courts to declare certain federal actions unconstitutional. The bill establishes a 12-member Joint Legislative Committee on Constitutional Enforcement, consisting of six representatives and six senators, tasked with reviewing federal actions that potentially challenge state sovereignty. When reviewing federal actions, the committee must consider historical context, including ratifying debates, constitutional convention understanding, and foundational legal interpretations. If the committee determines a federal action is unconstitutional by majority vote, the full legislature can vote to formally declare it as such. Upon such a declaration, the federal action would have no legal effect in Texas, and state officials and political subdivisions would be prohibited from spending public resources to implement or enforce it. The bill also grants state courts original jurisdiction to issue declaratory judgments about unconstitutional federal actions, requiring courts to rely on the Constitution's original meaning rather than previous judicial interpretations. Notably, the bill emphasizes the Tenth Amendment's principle that powers not specifically delegated to the federal government are reserved for the states, and it calls on government officials at all levels to defend the Constitution's original understanding. The bill would take effect immediately if it receives a two-thirds vote in both legislative chambers.

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=892&Bill=HB78