HB 78 — Relating to the authority of the legislature or a state court to declare certain federal actions to be unconstitutional federal actions, including the effect and enforcement of such a declaration.

Bill Text

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This bill amends 1 section(s) of the Texas statutes: Section 37.0056, Civil Practice and Remedies Code.

• CHAPTER 394. ENFORCEMENT OF UNITED STATES CONSTITUTION Sec. 394.001. DEFINITIONS. In this chapter: (1) "Committee" means the Joint Legislative Committee on Constitutional Enforcement. (2) "Federal action" includes: (A) a federal law; (B) a federal agency rule, policy, or standard; (C) an executive order of the president of the United States; (D) an order or decision of a federal court; and (E) the making or enforcing of a treaty. (3) "Unconstitutional federal action" means a federal action enacted, adopted, or implemented without authority specifically delegated to the federal government by the people and the states through the United States Constitution. Sec. 394.002. JOINT LEGISLATIVE COMMITTEE ON CONSTITUTIONAL ENFORCEMENT. (a) The Joint Legislative Committee on Constitutional Enforcement is established as a permanent joint committee of the legislature. The committee is established to review federal actions that challenge the sovereignty of the state and of the people for the purpose of determining if the federal action is unconstitutional. (b) The committee consists of the following 12 members: (1) six members of the house of representatives appointed by the speaker of the house; and (2) six members of the senate appointed by the lieutenant governor. (c) Not more than four house members of the committee may be members of the political party whose members constitute a majority of the membership of the house. Not more than four senate members of the committee may be members of the political party whose members constitute a majority of the membership of the senate. (d) Members of the committee serve two-year terms beginning with the convening of each regular legislative session. (e) If a vacancy occurs on the committee, the appropriate appointing officer shall appoint a member of the house or senate, as appropriate, to serve for the remainder of the unexpired term. (f) The speaker of the house and the lieutenant governor shall each designate one member of the committee as a joint chair of the committee. (g) The committee shall meet at the call of either joint chair. (h) A majority of the members of the committee constitutes a quorum. Sec. 394.003. COMMITTEE REVIEW OF FEDERAL ACTION. (a) The committee may review any federal action to determine whether the action is an unconstitutional federal action. (b) When reviewing a federal action, the committee shall consider the plain reading and reasoning of the text of the United States Constitution and the understood definitions at the time of the framing and construction of the Constitution by our forefathers before making a final declaration of constitutionality, as demonstrated by: (1) the ratifying debates in the several states; (2) the understanding of the leading participants at the constitutional convention; (3) the understanding of the doctrine in question by the constitutions of the several states in existence at the time the United States Constitution was adopted; (4) the understanding of the United States Constitution by the first United States Congress; (5) the opinions of the first chief justice of the United States Supreme Court; (6) the background understanding of the doctrine in question under the English Constitution of the time; and (7) the statements of support for natural law and natural rights by the framers and the philosophers admired by the framers. (c) Not later than the 180th day after the date the committee holds its first public hearing to review a specific federal action, the committee shall vote to determine whether the action is an unconstitutional federal action. (d) The committee may determine that a federal action is an unconstitutional federal action by majority vote. Sec. 394.004. LEGISLATIVE DETERMINATION. (a) If the committee determines that a federal action is an unconstitutional federal action, the committee shall report the determination to the house of representatives and to the senate during: (1) the current session of the legislature if the

  amended

• Section 37.0056, Civil Practice and Remedies Code

  Sec. 37.0056. DECLARATIONS RELATING TO UNCONSTITUTIONAL ACTS OF THE FEDERAL GOVERNMENT. (a) In this section, "federal action" and "unconstitutional federal action" have the meanings assigned by Section 394.001, Government Code. (b) Any court in this state has original jurisdiction of a proceeding seeking a declaratory judgment that a federal action effective in this state is an unconstitutional federal action. (c) A person is entitled to declaratory relief if the court determines that a federal action is an unconstitutional federal action. (d) In determining whether to grant declaratory relief to a person under this section, a court: (1) may not rely solely on the decisions of other courts interpreting the United States Constitution; and (2) must rely on the plain meaning of the text of the United States Constitution and any applicable constitutional doctrine as understood by the framers of the constitution. (e) Section 37.008 does not apply to relief sought under this section.

  added

Action History

1. August 15, 2025

   Filed

Sponsors

• Cecil Bell · Primary

Subjects