Texas House Bill HB97

Texas 2025 - 89th 1st C.S.

• Filed: 7/15/25

Caption

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.

Impact

If enacted, HB 97 would empower Texas courts to issue declaratory judgments regarding federal actions deemed unconstitutional. This shift is significant as it opens the door for local courts to challenge federal authority directly based on their interpretation of the Constitution. It also establishes a Joint Legislative Committee on Constitutional Enforcement, which would review federal actions and decide whether they indeed infringe on Texas sovereignty. This could foster legal confrontations between state and federal governments, potentially leading to constitutional disputes and influencing other states to adopt similar measures.

Summary

House Bill 97, known as the Texas Sovereignty Act, seeks to assert the authority of the state legislature and courts to declare certain federal actions as unconstitutional. The bill underscores the belief that the federal government has overstepped its bounds and limits the powers delegated to it under the United States Constitution. It argues that many federal actions violate state sovereignty and provides a legal framework for Texas to challenge such actions. This act aims to reaffirm the Tenth Amendment’s principles, highlighting that all powers not expressly delegated to the federal government are reserved for the states and the people.

Contention

The bill is expected to raise various points of contention among lawmakers and the public. Proponents argue that it is essential for maintaining state rights against federal overreach, viewing it as a necessary step to protect Texas's sovereignty. Conversely, critics may contend that this measure could lead to confusion and conflict regarding the implementation of federal laws. They might express concerns that HB 97 could encourage a fragmented legal landscape or erode national standards necessary for uniform governance. Additionally, the implications of declaring federal actions unconstitutional could provoke further political polarization and challenge the collaborative model established by federalism.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 37. Declaratory Judgments
  • Section: New Section