The Texas Sovereignty Act seeks to enhance the authority of the state legislature and courts in declaring certain federal actions unconstitutional, emphasizing the Tenth Amendment and the limited powers of the federal government as defined by the U.S. Constitution. The bill establishes a Joint Legislative Committee on Constitutional Enforcement, tasked with reviewing federal actions and determining their constitutionality based on historical interpretations. If the committee finds a federal action unconstitutional, it will report to the legislature, which must then vote on the matter. The bill also introduces new legal definitions for "federal action" and "unconstitutional federal action," and outlines the review process, ensuring that any unconstitutional federal action will have no legal effect in Texas.
Additionally, the bill grants the Attorney General the authority to defend the state against any unconstitutional federal actions and prohibits the use of public resources to enforce such actions. It includes provisions for the appointment of committee members by the speaker of the house and the lieutenant governor, and mandates that the secretary of state send official copies of the Act to various federal and state officials. The bill is designed to take effect immediately upon receiving a two-thirds majority vote from both houses, or 91 days after the legislative session if that majority is not achieved.
Statutes affected: Introduced: ()