Texas 2025 - 89th Regular

Texas Senate Bill SB707 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: King, et al. S.B. No. 707
2		-
3		-
	1	+	By: King S.B. No. 707
	2	+	(In the Senate - Filed January 6, 2025; February 7, 2025,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	March 5, 2025, reported favorably by the following vote: Yeas 10,
	5	+	Nays 1; March 5, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to the authority of the legislature to determine that
9	12		certain federal directives are unconstitutional and to prohibit
10	13		certain government officers and employees from enforcing or
11	14		assisting in the enforcement of the directive.
12	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	16		SECTION 1. Subtitle Z, Title 3, Government Code, is amended
14	17		by adding Chapter 394 to read as follows:
15	18		CHAPTER 394. UNCONSTITUTIONAL FEDERAL DIRECTIVES
16	19		Sec. 394.001. DEFINITIONS. In this chapter:
17	20		(1) "Federal agency" means a department, agency,
18	21		authority, commission, council, board, office, bureau, or other
19	22		administrative unit of the executive branch of the United States.
20	23		(2) "Federal directive" means:
21	24		(A) a federal law;
22	25		(B) an executive order of the president of the
23	26		United States; or
24	27		(C) a federal agency rule, policy, order, or
25	28		standard.
26	29		(3) "Government officer or employee" means:
27	30		(A) an elected or appointed officer of this state
28	31		or a political subdivision, other than the lieutenant governor or a
29	32		member of the legislature;
30	33		(B) an employee of this state or a political
31	34		subdivision, other than an employee of the lieutenant governor or
32	35		of a member of the legislature; or
33	36		(C) a member of the governing body of an
34	37		open-enrollment charter school or an officer or employee of the
35	38		school.
36	39		(4) "Political subdivision" means a county,
37	40		municipality, school district, junior college district, special
38	41		district, or other subdivision of state government.
39	42		(5) "Unconstitutional federal directive" means a
40	43		federal directive that:
41	44		(A) infringes on a power or right reserved to the
42	45		state by the Tenth Amendment to the United States Constitution; or
43	46		(B) prohibits or limits the ability of this state
44	47		to:
45	48		(i) provide for the health, safety, and
46	49		welfare of the people of this state; or
47	50		(ii) promote the prosperity of the people
48	51		of this state.
49	52		Sec. 394.002. LEGISLATIVE AUTHORITY. (a) The legislature
50	53		by concurrent resolution may:
51	54		(1) determine that a federal directive is an
52	55		unconstitutional federal directive; and
53	56		(2) prohibit a government officer or employee from
54	57		enforcing or assisting in the enforcement of the unconstitutional
55	58		federal directive.
56	59		(b) This section does not apply to a federal directive that
57	60		activates the state military forces as defined by Section 431.001.
58	61		Sec. 394.003. REQUIREMENTS TO FILE RESOLUTION. A member of
59	62		the legislature may not file a concurrent resolution described by
60		-	this section unless the filing is approved by a vote of two-thirds
61		-	of the members present in the house in which the member seeks to
62		-	file the resolution.
	63	+	this section unless the filing is approved by:
	64	+	(1) the speaker of the house of representatives, if
	65	+	the member is a member of the house;
	66	+	(2) the lieutenant governor, if the member is a member
	67	+	of the senate; or
	68	+	(3) the vote of two-thirds of the members present in
	69	+	the house in which the member seeks to file the resolution.
63	70		Sec. 394.004. CONTENTS OF RESOLUTION. The legislature may
64	71		not adopt a concurrent resolution described by Section 394.002
65	72		unless the resolution:
66	73		(1) identifies the federal directive that the
67	74		legislature determines is an unconstitutional federal directive;
68	75		(2) explains the basis for the legislature's
69	76		determination;
70	77		(3) specifies whether a government officer or employee
71	78		is prohibited from enforcing or assisting in the enforcement of the
72	79		directive, including specific activities or forms of assistance
73	80		that the officer or employee may not engage in;
74	81		(4) specifies the government officers or employees to
75	82		whom the concurrent resolution applies, as applicable; and
76	83		(5) specifies any other requirement the legislature
77	84		considers appropriate to impose on a government officer or employee
78	85		in order to comply with the legislature's determination.
79		-	Sec. 394.005. VOTE REQUIREMENT IN CONCURRING HOUSE. A
80		-	house of the legislature may not adopt a concurrent resolution
81		-	described by Section 394.002 filed and adopted by the other house
82		-	without a vote of two-thirds of the members of the house seeking to
83		-	concur with the other house on the adoption of the resolution.
84		-	Sec. 394.006. REPEAL OF RESOLUTION. The legislature may
	86	+	Sec. 394.005. REPEAL OF RESOLUTION. The legislature may
85	87		repeal a concurrent resolution adopted under this chapter only by
86	88		concurrent resolution filed and adopted in the manner prescribed
87	89		for the adoption of the resolution being repealed.
88		-	Sec. 394.~~007~~. LEGISLATIVE INACTION. The fact that the
	90	+	Sec. 394.006. LEGISLATIVE INACTION. The fact that the
89	91		legislature has not considered whether a federal directive is an
90	92		unconstitutional federal directive under this chapter does not:
91	93		(1) imply or create a presumption that the directive
92	94		is constitutional; or
93	95		(2) limit the authority of the attorney general to
94	96		challenge the constitutionality of the directive.
95	97		SECTION 2. This Act takes effect immediately if it receives
96	98		a vote of two-thirds of all the members elected to each house, as
97	99		provided by Section 39, Article III, Texas Constitution. If this
98	100		Act does not receive the vote necessary for immediate effect, this
99	101		Act takes effect September 1, 2025.
	102	+	* * * * *