Relating to the authority of the legislature to determine that certain federal directives are unconstitutional and to prohibit certain government officers and employees from enforcing or assisting in the enforcement of the directive.
Impact
The potential impact of HB 796 on state law is substantial, as it allows for a legislative body to openly contest federal authority. Should this bill be enacted, it will enable the Texas legislature to consistently challenge federal directives deemed unconstitutional, thereby reinforcing the state's sovereignty. This approach could lead to ongoing legal confrontations between state and federal jurisdictions and may influence other states to adopt similar measures, fostering a broader debate on state versus federal power dynamics.
Summary
House Bill 796 seeks to empower the Texas legislature with the authority to determine the constitutionality of certain federal directives. The bill outlines a framework for the legislature to identify 'unconstitutional federal directives'—defined as federal laws, executive orders, or agency rules that infringe upon state powers as outlined by the Tenth Amendment. If deemed unconstitutional, the state legislature can prohibit state officers and employees from enforcing these directives, marking a significant assertion of state rights against federal power.
Sentiment
Discussions around HB 796 appear to be highly polarized. Proponents argue that this bill is a necessary step to protect Texas’s rights under the Constitution, viewing it as a safeguard against federal overreach. They emphasize the importance of self-determination and local governance. Conversely, opponents express concerns about the implications of restricting federal enforcement, fearing that it could lead to chaos or inequality in the application of federal laws, particularly in areas such as civil rights and public safety.
Contention
A notable point of contention regarding HB 796 is the balance between state and federal powers. Critics point out that while the bill aims to protect states' rights, it may also undermine the consistency with which federal laws are applied across the nation. Furthermore, the stipulation requiring a two-thirds majority for the legislature to declare federal directives unconstitutional raises questions about the legislative process and the potential for partisan blocking of essential federal protections. This bill positions Texas in direct opposition to certain federal policies, which could evolve into protracted legal battles.
Similar To
Relating to the authority of the legislature to determine that certain federal directives are unconstitutional and to prohibit certain government officers and employees from enforcing or assisting in the enforcement of the directive.
Relating to advance directives, do-not-resuscitate orders, and health care treatment decisions made by or on behalf of certain patients, including a review of directives and decisions.
Relating to advance directives and health care treatment decisions made by or on behalf of patients, including a review of those directives and decisions.
Relating to advance directives and health care treatment decisions made by or on behalf of patients, including a review of those directives and decisions.
Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions, and authorizing under certain circumstances the removal of persons who violate certain of those prohibitions; creating criminal offenses.
Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.
Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.
A resolution to direct the Clerk of the House of Representatives to only present to the Governor enrolled House bills finally passed by both houses of the One Hundred Third Legislature.