HB796 - Relating to the authority of the legislature to determine that certain federal directives are unconstitutional and to prohibit certain government officers and employees from enforcing or assisting in the enforcement of the directive.

      By: Bell of Montgomery, et al. H.B. No. 796         (Senate Sponsor - King)          (In the Senate - Received from the House May 7, 2025;   May 13, 2025, read first time and referred to Committee on State   Affairs; May 27, 2025, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 8, Nays 2;   May 27, 2025, sent to printer.) Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 796 By:  Birdwell     A BILL TO BE ENTITLED   AN ACT     relating to the authority of the legislature to determine that   certain federal directives are unconstitutional and to prohibit   certain government officers and employees from enforcing or   assisting in the enforcement of the directive.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle Z, Title 3, Government Code, is amended   by adding Chapter 394 to read as follows:   CHAPTER 394. UNCONSTITUTIONAL FEDERAL DIRECTIVES           Sec. 394.001.  DEFINITIONS. In this chapter:                 (1)     "Federal agency" means a department, agency,   authority, commission, council, board, office, bureau, or other   administrative unit of the executive branch of the United States.                 (2)  "Federal directive" means:                       (A)  a federal law;                       (B)     an executive order of the president of the   United States; or                       (C)     a federal agency rule, policy, order, or   standard.                 (3)  "Government officer or employee" means:                       (A)     an elected or appointed officer of this state   or a political subdivision, other than the lieutenant governor or a   member of the legislature;                       (B)     an employee of this state or a political   subdivision, other than an employee of the lieutenant governor or   of a member of the legislature; or                       (C)     a member of the governing body of an   open-enrollment charter school or an officer or employee of the   school.                 (4)     "Political subdivision" means a county,   municipality, school district, junior college district, special   district, or other subdivision of state government.                 (5)     "Unconstitutional federal directive" means a   federal directive that:                       (A)     infringes on a power or right reserved to the   state by the Tenth Amendment to the United States Constitution; or                       (B)     prohibits or limits the ability of this state   to:                             (i)     provide for the health, safety, and   welfare of the people of this state; or                             (ii)     promote the prosperity of the people   of this state.           Sec.   394.002.     LEGISLATIVE AUTHORITY. (a) The legislature   by concurrent resolution may:                 (1)     determine that a federal directive is an   unconstitutional federal directive; and                 (2)     prohibit a government officer or employee from   enforcing or assisting in the enforcement of the unconstitutional   federal directive.           (b)     This section does not apply to a federal directive that   activates the state military forces as defined by Section 431.001.           Sec.   394.003.     REQUIREMENTS TO FILE RESOLUTION. A member of   the legislature may not file a concurrent resolution described by   Section 394.002 unless the filing is approved by a vote of   two-thirds of the members present in the house in which the member   seeks to file the resolution.           Sec.   394.004.     CONTENTS OF RESOLUTION. The legislature may   not adopt a concurrent resolution described by Section 394.002   unless the resolution:                 (1)     identifies the federal directive that the   legislature determines is an unconstitutional federal directive;                 (2)     explains the basis for the legislature's   determination;                 (3)     specifies whether a government officer or employee   is prohibited from enforcing or assisting in the enforcement of the   directive, including specific activities or forms of assistance   that the officer or employee may not engage in;                 (4)     specifies the government officers or employees to   whom the concurrent resolution applies, as applicable; and                 (5)     specifies any other requirement the legislature   considers appropriate to impose on a government officer or employee   in order to comply with the legislature's determination.           Sec.   394.005.     VOTE REQUIREMENT IN CONCURRING HOUSE. A   house of the legislature may not adopt a concurrent resolution   described by Section 394.002 filed and adopted by the other house   without a vote of two-thirds of the members of the house seeking to   concur with the other house on the adoption of the resolution.           Sec.   394.006.     REPEAL OF RESOLUTION. The legislature may   repeal a concurrent resolution adopted under this chapter only by   concurrent resolution filed and adopted in the manner prescribed   for the adoption of the resolution being repealed.           Sec.   394.007.     LEGISLATIVE INACTION. The fact that the   legislature has not considered whether a federal directive is an   unconstitutional federal directive under this chapter does not:                 (1)     imply or create a presumption that the directive   is constitutional; or                 (2)     limit the authority of the attorney general to   challenge the constitutionality of the directive.          SECTION 2.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.     * * * * *