Relating to the authority of the legislature to determine that certain federal directives are unconstitutional and to prohibit certain government officers and employees from enforcing or assisting in the enforcement of the directive.

89(R) SB 707 - Engrossed version - Bill Text

By: King, et al.

S.B. No. 707

A BILL TO BE ENTITLED

AN ACT

relating to the authority of the legislature to determine that

certain federal directives are unconstitutional and to prohibit

certain government officers and employees from enforcing or

assisting in the enforcement of the directive.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle Z, Title 3, Government Code, is amended

by adding Chapter 394 to read as follows:

CHAPTER 394. UNCONSTITUTIONAL FEDERAL DIRECTIVES

Sec. 394.001. DEFINITIONS. In this chapter:

(1)

"Federal agency" means a department, agency,

authority, commission, council, board, office, bureau, or other

administrative unit of the executive branch of the United States.

(2) "Federal directive" means:

(A) a federal law;

(B)

an executive order of the president of the

United States; or

(C)

a federal agency rule, policy, order, or

standard.

(3) "Government officer or employee" means:

(A)

an elected or appointed officer of this state

or a political subdivision, other than the lieutenant governor or a

member of the legislature;

(B)

an employee of this state or a political

subdivision, other than an employee of the lieutenant governor or

of a member of the legislature; or

(C)

a member of the governing body of an

open-enrollment charter school or an officer or employee of the

school.

(4)

"Political subdivision" means a county,

municipality, school district, junior college district, special

district, or other subdivision of state government.

(5)

"Unconstitutional federal directive" means a

federal directive that:

(A)

infringes on a power or right reserved to the

state by the Tenth Amendment to the United States Constitution; or

(B)

prohibits or limits the ability of this state

to:

(i)

provide for the health, safety, and

welfare of the people of this state; or

(ii)

promote the prosperity of the people

of this state.

Sec.

394.002.

LEGISLATIVE AUTHORITY. (a) The legislature

by concurrent resolution may:

(1)

determine that a federal directive is an

unconstitutional federal directive; and

(2)

prohibit a government officer or employee from

enforcing or assisting in the enforcement of the unconstitutional

federal directive.

(b)

This section does not apply to a federal directive that

activates the state military forces as defined by Section 431.001.

Sec.

394.003.

REQUIREMENTS TO FILE RESOLUTION. A member of

the legislature may not file a concurrent resolution described by

this section unless the filing is approved by a vote of two-thirds

of the members present in the house in which the member seeks to

file the resolution.

Sec.

394.004.

CONTENTS OF RESOLUTION. The legislature may

not adopt a concurrent resolution described by Section 394.002

unless the resolution:

(1)

identifies the federal directive that the

legislature determines is an unconstitutional federal directive;

(2)

explains the basis for the legislature's

determination;

(3)

specifies whether a government officer or employee

is prohibited from enforcing or assisting in the enforcement of the

directive, including specific activities or forms of assistance

that the officer or employee may not engage in;

(4)

specifies the government officers or employees to

whom the concurrent resolution applies, as applicable; and

(5)

specifies any other requirement the legislature

considers appropriate to impose on a government officer or employee

in order to comply with the legislature's determination.

Sec.

394.005.

VOTE REQUIREMENT IN CONCURRING HOUSE. A

house of the legislature may not adopt a concurrent resolution

described by Section 394.002 filed and adopted by the other house

without a vote of two-thirds of the members of the house seeking to

concur with the other house on the adoption of the resolution.

Sec.

394.006.

REPEAL OF RESOLUTION. The legislature may

repeal a concurrent resolution adopted under this chapter only by

concurrent resolution filed and adopted in the manner prescribed

for the adoption of the resolution being repealed.

Sec.

394.007.

LEGISLATIVE INACTION. The fact that the

legislature has not considered whether a federal directive is an

unconstitutional federal directive under this chapter does not:

(1)

imply or create a presumption that the directive

is constitutional; or

(2)

limit the authority of the attorney general to

challenge the constitutionality of the directive.

SECTION 2. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.