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HB 97

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, 1st Called Session (2025) Introduced by Cecil Bell

Texas HB 97 would authorize the state legislature and courts to declare federal actions unconstitutional, directly challenging federal judicial supremacy over constitutional interpretation.

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 97

Legislative bill overview

HB 97 would grant the Texas legislature and state courts the authority to declare federal actions unconstitutional and establish a mechanism for enforcing such declarations within Texas. The bill appears to create a state-level process for challenging federal authority based on the sponsor's apparent constitutional interpretation, though specific enforcement mechanisms are not detailed in available information.

Why is this important

This bill directly challenges the established constitutional hierarchy where federal courts—ultimately the U.S. Supreme Court—have final authority to interpret the Constitution. If enacted, it could create legal conflicts between state and federal governments, potentially leading to constitutional crises, federal litigation, and uncertainty about which laws apply in Texas.

Potential points of contention

  • Constitutional authority: The U.S. Supreme Court has consistently held that only federal courts can determine constitutionality of federal actions; state legislatures lack this power under the Supremacy Clause
  • Nullification concerns: Critics may view this as state-level nullification of federal law, a doctrine rejected since the Civil War era
  • Enforcement mechanisms: Unclear how Texas would enforce declarations against federal authority or what happens when federal and state courts disagree
  • Practical implementation: Creates potential for conflicting legal obligations for individuals, businesses, and state officials operating under both systems

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

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