The Texas Sovereignty Act seeks to enhance the authority of the state legislature and courts to declare 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 resources cannot be used to enforce it.

The bill introduces new legal language by establishing Chapter 394 in the Government Code, which defines terms like "federal action" and "unconstitutional federal action," and details the committee's composition and review process. It also amends the Civil Practice and Remedies Code to empower state courts to issue declaratory judgments on federal actions deemed unconstitutional, emphasizing reliance on the original understanding of the Constitution. The bill mandates the appointment of committee members by the speaker of the house and the lieutenant governor within 30 days of its effective date and requires the secretary of state to communicate the Act to various officials. 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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