Texas 2023 - 88th Regular

Texas Senate Bill SB313

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the Texas Sovereignty Act.

Impact

The implications of SB313 could be significant for state law, as it empowers Texas to declare certain federal actions null and void if deemed unconstitutional. This would allow the state to resist federal mandates and assert its sovereignty in various policy areas. The committee is expected to scrutinize federal laws, executive orders, agency rules, and treaties, ensuring they align with the U.S. Constitution's limits on federal authority. If enacted, the bill could lead to a more contentious relationship between Texas and the federal government regarding jurisdiction and law enforcement practices.

Summary

SB313, known as the Texas Sovereignty Act, seeks to reaffirm the sovereignty of Texas by establishing a framework for determining the constitutionality of federal actions. The bill asserts that all powers not specifically granted to the federal government by the U.S. Constitution are reserved for the states and the people. It emphasizes the application of the Tenth Amendment and outlines a procedure by which the state legislature can review, declare, and respond to what it considers unconstitutional federal actions. The act also establishes a Joint Legislative Committee on Constitutional Enforcement to oversee these matters.

Sentiment

The reception of SB313 has been mixed, with strong support from some legislative members who view it as a necessary step to safeguard state rights against federal overreach. Proponents believe that such legislation is crucial in preserving the autonomy of Texas and empowering local governance. However, critics argue that the bill may provoke conflicts with federal authorities and undermine the effectiveness of federal programs that state residents depend upon, creating an atmosphere of legal uncertainty and potential civil discord.

Contention

Notable points of contention revolve around the nature of federal authority and the role of state versus federal governance. Objections have been raised about the potential for SB313 to be used as a tool for politically motivated resistance against federal regulations, which could jeopardize critical protections for health, safety, and welfare. Further, concerns include the feasibility of implementing this framework in various contexts, particularly how federal actions would be practically challenged and the potential costs associated with such legal battles.

Companion Bills

TX HB384

Similar Relating to the Texas Sovereignty Act.

Previously Filed As

TX SB80

Relating to the Texas Sovereignty Act.

TX HB898

Relating to the Texas Sovereignty Act.

TX SJR26

A JOINT RESOLUTION relating to unconstitutional acts that would undermine the rights of Kentucky citizens and the sovereignty of the Commonwealth of Kentucky.

TX SJR19

A JOINT RESOLUTION relating to unconstitutional acts that would undermine the rights of Kentucky citizens and the sovereignty of the Commonwealth of Kentucky.

TX HB0158

State Sovereignty Amendments

TX SCR45

Recognizing the 10-mile coastal zone off the gulf coast that Texas has sovereignty over as the "Gulf of Texas."

TX SB0265

Utah Constitutional Sovereignty Act Amendments

TX HB97

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.

TX HB0085

State Sovereignty Amendments

TX HB5036

The sovereignty of law and judicial authority in the State of West Virginia.

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