The Texas Sovereignty Act establishes a framework for Texas to assert its sovereignty against federal actions deemed unconstitutional, emphasizing that the federal government is limited to powers specifically granted by the U.S. Constitution. The Act creates the Joint Legislative Committee on Constitutional Enforcement, composed of twelve members with specific party representation guidelines, tasked with reviewing federal actions for constitutionality. The committee's determinations can be reviewed by the Texas Supreme Court, and the legislature is required to vote on these findings. If a federal action is declared unconstitutional, it will have no legal effect in Texas, and state resources cannot be used to enforce it. The Attorney General is also authorized to defend the state against such actions.

Additionally, the bill introduces new provisions for declaratory relief in cases of unconstitutional federal actions, stipulating that courts must focus on the plain meaning of the Constitution rather than relying on other courts' interpretations. It specifies that Section 37.008 does not apply to relief sought under this new section. The Act mandates the establishment of the Joint Legislative Committee on Constitutional Enforcement, with appointments to be made by the speaker of the house and the lieutenant governor within 30 days of the bill's effective date. The Act will take effect immediately upon a two-thirds vote from both houses of the Texas legislature or on September 1, 2025, if not passed.

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