Texas House Bill HB2930

Texas 2021 - 87th Regular

Caption

Relating to the Texas Sovereignty Act.

Impact

If enacted, this bill would have significant implications for how federal laws and regulations are implemented within Texas. Under the bill, any federal action deemed unconstitutional could be disregarded by state entities, meaning that such actions would have no legal effect in the state. Furthermore, the enforcement of these federal actions would be prohibited, and no state or local resources could be used to support them. This power shift could lead to a collaborative effort by state officials to actively challenge federal regulations perceived as intrusive, thus potentially setting a precedent for similar actions by other states.

Summary

House Bill 2930, known as the Texas Sovereignty Act, aims to assert the state's rights against what it considers unconstitutional actions taken by the federal government. The bill is premised on the principle that the federal government exists as an agent for states, exercising only those powers specifically delegated to it by the United States Constitution. It highlights reliance on the Tenth Amendment, arguing that powers not delegated to the federal government are reserved for the states and the people. The legislation reflects a growing sentiment regarding state autonomy in the face of perceived federal overreach, particularly in areas that the state argues should be governed locally.

Contention

Notable points of contention regarding HB 2930 include concerns about the legal framework it establishes for challenging federal authority and the potential consequences of declaring federal actions unconstitutional. Critics may argue that such a broad assertion of state power could lead to legal confusion and a breakdown of cooperative federalism. Furthermore, the establishment of the Joint Legislative Committee on Constitutional Enforcement, which will review and declare federal actions unconstitutional, raises questions about its effectiveness and the criteria it will use to make such determinations. Supporters of the bill argue that it will protect citizens from overreaching federal regulations, while opponents worry it could undermine federal law and destabilize legal standards across the country.