Texas Senate Bill SB2015

Texas 2017 - 85th Regular

Caption

Relating to the Texas Sovereignty Act.

Impact

The Act establishes the Joint Legislative Committee on Constitutional Enforcement, tasked with reviewing federal actions to determine their constitutionality. If the committee designates a federal action as unconstitutional, it triggers a legislative process where both houses of the Texas legislature must vote on the matter. Should a majority concur with the committee's assessment, the governor has the authority to approve or disapprove this determination, which can have significant implications for state-federal relations and legal interpretations within Texas.

Summary

SB2015, known as the Texas Sovereignty Act, seeks to establish a framework for the state of Texas to resist federal actions deemed unconstitutional. The bill articulates a perspective that the federal government has overstepped its constitutional authority and reaffirms the rights of states under the Tenth Amendment of the U.S. Constitution. It underscored the belief that any federal action not explicitly authorized by the Constitution is illegitimate, thus providing a legal pathway for Texas to refuse compliance with such actions.

Contention

Notably, SB2015 has sparked considerable debate over the balance of power between state and federal governments. Proponents view the bill as a necessary safeguard for state sovereignty, arguing that it enables Texas to uphold its rights against federal encroachments. Conversely, critics assert that the legislation embodies a dangerous trend of nullification that could undermine federal law. They caution that such measures could lead to legal confusion and conflict rather than effective governance, emphasizing the potential for significant legal challenges arising from the bill's implementation.