By: King S.B. No. 707
(In the Senate - Filed January 6, 2025; February 7, 2025,
read first time and referred to Committee on State Affairs;
March 5, 2025, reported favorably by the following vote: Yeas 10,
Nays 1; March 5, 2025, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle Z, Title 3, Government Code, is amended
by adding Chapter 394 to read as follows:
CHAPTER 394. UNCONSTITUTIONAL FEDERAL DIRECTIVES
Sec. 394.001. DEFINITIONS. In this chapter:
(1) "Federal agency" means a department, agency,
authority, commission, council, board, office, bureau, or other
administrative unit of the executive branch of the United States.
(2) "Federal directive" means:
(A) a federal law;
(B) an executive order of the president of the
United States; or
(C) a federal agency rule, policy, order, or
standard.
(3) "Government officer or employee" means:
(A) an elected or appointed officer of this state
or a political subdivision, other than the lieutenant governor or a
member of the legislature;
(B) an employee of this state or a political
subdivision, other than an employee of the lieutenant governor or
of a member of the legislature; or
(C) a member of the governing body of an
open-enrollment charter school or an officer or employee of the
school.
(4) "Political subdivision" means a county,
municipality, school district, junior college district, special
district, or other subdivision of state government.
(5) "Unconstitutional federal directive" means a
federal directive that:
(A) infringes on a power or right reserved to the
state by the Tenth Amendment to the United States Constitution; or
(B) prohibits or limits the ability of this state
to:
(i) provide for the health, safety, and
welfare of the people of this state; or
(ii) promote the prosperity of the people
of this state.
Sec. 394.002. LEGISLATIVE AUTHORITY. (a) The legislature
by concurrent resolution may:
(1) determine that a federal directive is an
unconstitutional federal directive; and
(2) prohibit a government officer or employee from
enforcing or assisting in the enforcement of the unconstitutional
federal directive.
(b) This section does not apply to a federal directive that
activates the state military forces as defined by Section 431.001.
Sec. 394.003. REQUIREMENTS TO FILE RESOLUTION. A member of
the legislature may not file a concurrent resolution described by
this section unless the filing is approved by:
(1) the speaker of the house of representatives, if
the member is a member of the house;
(2) the lieutenant governor, if the member is a member
of the senate; or
(3) the vote of two-thirds of the members present in
the house in which the member seeks to file the resolution.
Sec. 394.004. CONTENTS OF RESOLUTION. The legislature may
not adopt a concurrent resolution described by Section 394.002
unless the resolution:
(1) identifies the federal directive that the
legislature determines is an unconstitutional federal directive;
(2) explains the basis for the legislature's
determination;
(3) specifies whether a government officer or employee
is prohibited from enforcing or assisting in the enforcement of the
directive, including specific activities or forms of assistance
that the officer or employee may not engage in;
(4) specifies the government officers or employees to
whom the concurrent resolution applies, as applicable; and
(5) specifies any other requirement the legislature
considers appropriate to impose on a government officer or employee
in order to comply with the legislature's determination.
Sec. 394.005. REPEAL OF RESOLUTION. The legislature may
repeal a concurrent resolution adopted under this chapter only by
concurrent resolution filed and adopted in the manner prescribed
for the adoption of the resolution being repealed.
Sec. 394.006. LEGISLATIVE INACTION. The fact that the
legislature has not considered whether a federal directive is an
unconstitutional federal directive under this chapter does not:
(1) imply or create a presumption that the directive
is constitutional; or
(2) limit the authority of the attorney general to
challenge the constitutionality of the directive.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.
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