Texas House Bill HB78

Texas 2021 - 87th 3rd C.S.

Caption

Relating to the identification of and prohibited cooperation by state and local entities with certain federal acts that violate the United States Constitution.

Impact

If enacted, HB78 will significantly alter how state and local governments interact with federal regulations. Specifically, it will prohibit state agencies and political subdivisions from cooperating with federal entities regarding rules identified as unconstitutional by Texas courts. This limitation on cooperation could lead to substantial changes in how local governments enforce federal regulations and may result in legal challenges regarding the interpretation and implementation of these rules. The Attorney General will also have the authority to enforce this prohibition through injunctions against non-compliant entities.

Summary

House Bill 78 focuses on the identification and prohibition of cooperation by state and local entities with federal acts that are deemed to violate the United States Constitution. It introduces a new chapter to the Government Code, mandating the Texas Attorney General to monitor and report on federal agency rules each month. The bill defines certain areas of federal regulation that could be subjected to scrutiny, including border security, health emergencies, and agriculture, among others. This emphasis on federal actions aims at safeguarding the rights guaranteed to citizens under the U.S. Constitution.

Contention

The bill has already drawn attention and sparked debate among legislators and advocacy groups. Proponents argue it is a necessary step to defend state sovereignty and protect the rights of Texans from federal overreach. They contend that the federal government often enacts regulations that infringe upon individual liberties or state rights. Conversely, opponents view the bill as a potential obstacle to effective governance due to its restrictive nature on cooperation with federal guidelines. They raise concerns about the practical implications of such a law, particularly in areas like health and safety, where federal guidance may be paramount.