The bill, S.B. No. 707, establishes a new chapter in the Texas Government Code, titled "Chapter 394. Unconstitutional Federal Directives." This chapter grants the Texas legislature the authority to determine whether certain federal directives are unconstitutional and to prohibit state government officers and employees from enforcing or assisting in the enforcement of such directives. The bill defines key terms, including "federal agency," "federal directive," and "unconstitutional federal directive," which is characterized as a federal directive that infringes on state powers or limits the state's ability to ensure the health, safety, and welfare of its citizens.

To file a resolution declaring a federal directive unconstitutional, a member of the legislature must obtain approval from the speaker of the house, the lieutenant governor, or a two-thirds majority of the members present in their respective house. The resolution must identify the federal directive, explain the basis for the determination, and specify which government officers or employees are prohibited from enforcement. Additionally, the bill outlines the process for repealing such resolutions and clarifies that legislative inaction does not imply a directive's constitutionality or limit the attorney general's authority to challenge it. The act is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that threshold is not met.

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