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HB 78

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.

89th Legislature, 2nd Called Session (2025) Introduced by Cecil Bell

HB 78 would authorize Texas legislature and courts to independently declare federal actions unconstitutional and enforce those declarations within the state.

Filed
#civilremedies&liabilities(i0065) #courts--general(i0160) #federalrelations(s0862) #lieutenantgovernor(s0096) #legislature(i0520) #secretaryofstate(v0042) #speakerofthehouse(s0306) #texassovereigntyact(p0684)
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Bill Summary · HB 78

Legislative bill overview

HB 78 would grant the Texas legislature and state courts the power to declare specific federal actions unconstitutional and establish procedures for enforcing such declarations within Texas. The bill creates a mechanism for state-level rejection of federal authority based on state constitutional interpretation.

Why is this important

This bill addresses fundamental questions about federalism—the balance of power between state and federal governments. It challenges the long-established legal doctrine that only federal courts, particularly the U.S. Supreme Court, have final authority to determine constitutionality of federal actions. If enacted, it could create legal conflicts between state and federal authority and set precedent for other states to follow.

Potential points of contention

  • Constitutional authority: The U.S. Supreme Court has consistently held that federal courts have exclusive power to interpret the Constitution's application to federal actions; state declarations would likely be challenged as unconstitutional themselves
  • Enforcement mechanisms: Unclear how Texas would practically enforce declarations against federal actions without federal court support, potentially creating legal gridlock
  • Selective application: Could enable states to unilaterally reject federal laws they oppose (taxation, civil rights, healthcare) without going through established legal channels like federal courts or constitutional amendment

Compiled from official sources — confirm details with the bill’s official record.

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