H.B. No. 796 introduces a new chapter, Chapter 394, to the Government Code, which grants the Texas legislature the authority to determine that certain federal directives are unconstitutional. The bill defines key terms such as "federal agency," "federal directive," and "unconstitutional federal directive," and outlines the process by which the legislature can prohibit government officers and employees from enforcing or assisting in the enforcement of such directives. Specifically, the legislature can adopt a concurrent resolution to declare a federal directive unconstitutional, provided that the resolution identifies the directive, explains the basis for the determination, and specifies the government officers or employees affected.

Additionally, the bill establishes requirements for filing and adopting these resolutions, including a two-thirds vote from the members present in the house where the resolution is filed. It also stipulates that the legislature can only repeal a resolution through a similar concurrent resolution process. Importantly, the bill clarifies that the lack of legislative action on a federal directive does not imply its constitutionality nor limit the attorney general's authority to challenge it. The act is set to take effect immediately upon receiving the necessary votes or on September 1, 2025, if not.

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