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Bill

HB 796

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.

89th Legislature (2025) Introduced by Daniel Alders and 27 co-sponsors

Texas legislature declares federal directives unconstitutional and bars state employees from enforcing them, challenging federal supremacy and creating state-federal conflict.

Record vote
#civilremedies&liabilities(i0065) #federalrelations(s0862) #lieutenantgovernor(s0096) #legislature(i0520) #secretaryofstate(v0042) #speakerofthehouse(s0306) #texassovereigntyact(p0684)
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Bill Summary · HB 796

Legislative bill overview

HB 796 would authorize the Texas Legislature to formally declare specific federal directives unconstitutional and prohibit state government officers and employees from enforcing or assisting in the enforcement of those directives. The bill essentially creates a state-level mechanism for Texas to refuse compliance with federal mandates deemed unconstitutional by the legislature.

Why is this important

This bill addresses fundamental questions about federalism and state sovereignty—specifically, who has authority to interpret the Constitution and override federal directives. If passed, it could create conflicts between state and federal law enforcement, potentially affect federal funding, and set precedent for other states to challenge federal authority. It reflects ongoing tensions over the proper balance of power between state and federal governments.

Potential points of contention

  • Constitutional authority: The U.S. Supreme Court, not state legislatures, has historically held final authority to interpret constitutional questions. This bill may conflict with established constitutional law.
  • Enforceability and consequences: Federal law typically preempts conflicting state law under the Supremacy Clause. Texas employees refusing federal directives could face personal legal liability or loss of federal funding.
  • Vagueness in application: The bill doesn't specify what procedure determines whether a federal directive is "unconstitutional" or how disputes would be resolved, potentially creating uncertainty for state employees.

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

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