The Texas Sovereignty Act seeks to enhance the authority of the state legislature and courts in declaring certain federal actions unconstitutional, emphasizing the limited powers of the federal government as outlined in the U.S. Constitution, particularly the Tenth Amendment. The bill establishes a Joint Legislative Committee on Constitutional Enforcement, which will review federal actions for constitutionality and outlines the process for declaring such actions unconstitutional. If a federal action is declared unconstitutional, it will have no legal effect in Texas, and state officials are mandated to uphold their oaths to defend the Constitution against these actions.

The legislation introduces new definitions for "federal action" and "unconstitutional federal action," and grants the attorney general the authority to defend the state against enforcement of any declared unconstitutional federal actions. It also allows Texas courts to have original jurisdiction over cases seeking declaratory judgments on federal actions deemed unconstitutional. The bill includes provisions for the establishment of the Joint Legislative Committee on Constitutional Enforcement, specifying that Section 37.008 does not apply to relief sought under this new section, and mandates the appointment of committee members 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 with a two-thirds vote or 91 days after the legislative session if that majority is not achieved.

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