- HB 796, the Texas Sovereignty Act, passed the Texas House on Wednesday.
- The Republican Party of Texas applauded the passage of the bill, which creates a framework for Texas to ignore “unconstitutional federal actions.”
- Should it become law, the Texas Sovereignty Act would likely face a legal challenge
House Bill 796 by State Representative Cecil Bell, Jr., also known as the Texas Sovereignty Act, is headed to the Texas Senate after passing the Texas House on Wednesday.
The Texas Sovereignty Act establishes a framework in which acts by the federal government that are determined to be “unconstitutional federal actions” will have “no legal effect” in Texas. The legislation also mandates that all political subdivisions in Texas may not recognize an act deemed to be an “unconstitutional federal action” as having any legal effect.
The legislation creates a Joint Legislative Committee on Constitutional Enforcement composed of six members of the Texas House appointed by the Speaker and six members of the Texas Senate appointed by the Lieutenant Governor. The Committee would have the authority to review any action by the federal government to determine whether the action was constitutional.
Should the Committee determine that an action by the federal government was unconstitutional, that finding would be sent to the Texas House and the Texas Senate for a vote. If both chambers, by majority vote, agree that a federal action was unconstitutional, that determination would then be sent to the Governor for final approval.
“Proud to Joint Author #HB796, the Texas Sovereignty Act – an important Texas GOP priority this session. HB 796 establishes a process for Texas to review federal actions and determine their constitutionality. This legislation is about defending the Tenth Amendment, protecting our liberty and standing up against federal overreach,” said State Representative David Spiller, who had also filed a version of the Texas Sovereignty Act.
The Republican Party of Texas also praised the passage of the bill.
“Victory for Texas Sovereignty! We’re grateful to Rep. Cecil Bell Jr. (@CBellJR) and the coauthors of HB 796 for championing one of the Texas GOP’s top 8 legislative priorities: “End Federal Overreach.”
The Texas Sovereignty Act (HB 796) empowers our state legislature and courts to declare and block the enforcement of unconstitutional federal actions, protecting Texans from unelected bureaucrats and runaway federal mandates. HB 796 has officially passed the Texas House! Let’s keep pushing forward as it heads to the Senate,” read a tweet from the Party.
Should it become law, the Texas Sovereignty Act would likely be the subject of a legal challenge. Under the bill, the Texas Attorney General “may defend the state to prevent the implementation and enforcement of a federal action declared to be an unconstitutional federal action.”
