S.B. No. 707 establishes a new chapter in the Texas Government Code, titled "Unconstitutional Federal Directives," 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 these 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 which government officers or employees are prohibited from enforcement.

The bill also sets forth requirements for filing such resolutions, including a two-thirds vote from the members present in the house where the resolution is filed. Additionally, it stipulates that a concurrent resolution can only be repealed through a similar process.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 will take effect immediately if it receives the necessary two-thirds vote from both houses; otherwise, it will take effect on September 1, 2025.

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