HB 796 Texas House · 89th Legislature (2025)

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.

HB 796 would allow the Texas legislature to declare certain federal laws, executive orders, or agency rules unconstitutional if they infringe on state powers under the Tenth Amendment or limit Texas's ability to protect public health, safety, or welfare. The bill creates a process where the legislature could pass a concurrent resolution to declare a federal directive unconstitutional and then prohibit state and local government employees from enforcing it. This would directly affect most state and local officials, including county, city, school district, and charter school employees, but exclude the lieutenant governor, legislators, and their staff. The bill does not create new penalties but establishes a formal legislative mechanism to block state enforcement of federal actions deemed unconstitutional by the legislature.

Issues: ✓ Immigration

Bill status passed 3 of 5 stages cleared

Introduction

Mar 2025

Committee Review

May 2025

House Passage

May 2025

Senate Passage

Governor

Introduced Mar 5, 2025 Last action May 28, 2025

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Engrossed · 6 edits · May 28, 2025

MODERATE

The bill was reformatted from an 'Introduced' draft to an 'Engrossed' version with significant substantive additions. The most important change is the addition of new sections establishing a Joint Legislative Committee on Constitutional Enforcement, which would have the power to review federal actions and declare them unconstitutional if they violate the U.S. Constitution. The bill also added provisions for immediate judicial review of federal actions and expanded the scope of who can issue opinions on unconstitutional federal acts.

Scope change

The bill's scope expanded from a general sovereignty declaration to include specific enforcement mechanisms, a permanent committee structure, and expanded judicial authority to challenge federal actions.

ENFORCEMENT

Added a new permanent Joint Legislative Committee on Constitutional Enforcement with 12 members that can review federal actions and declare them unconstitutional.

Added provisions allowing state courts to issue declaratory judgments on federal actions and requiring courts to rely on the plain meaning of the Constitution as understood by its framers.

Added provisions allowing state officials to interpose and stop federal actions they believe violate the Constitution, even if they have taken an oath to defend the federal government.

REQUIREMENT

Added requirements for the committee to consider historical documents and framers' understanding when determining constitutionality of federal actions.

TIMELINE

Added specific timelines for committee appointments (within 30 days) and inter-state notification (within 45 days).

DEFINITION

Added new definitions for 'federal action' and 'unconstitutional federal action' to clarify what can be challenged.

Floor votes · House May 7, 2025

How they voted

94–51

Passed · 1 other

Total votes 146

May 7, 2025

D Democratic59

10 Yea 49 Nay

83% Nay

R Republican87

84 Yea 2 Nay 1

96% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 27, 2025

Upper · Passed

Committee report printed and distributed

upper

May 27, 2025

Upper · Passed

Reported favorably as substituted

upper

May 27, 2025

Upper · Passed

Vote taken in committee

upper

May 15, 2025

Upper · Passed

Left pending in committee

upper

May 15, 2025

Upper · Passed

Testimony taken in committee

upper

May 13, 2025

Committee

Referred to State Affairs

upper

May 13, 2025

Introduced

Read first time

upper

May 7, 2025

Introduced

Received from the House

upper

May 7, 2025

Lower · Passed

Passed

lower

May 6, 2025

Lower · Passed

Passed to engrossment as amended

lower

May 6, 2025

Lower · Passed

Amended

lower

Apr 29, 2025

Lower · Passed

Committee report sent to Calendars

lower

Apr 28, 2025

Lower · Passed

Committee report distributed

lower

Apr 25, 2025

Lower · Passed

Reported favorably as substituted

lower

Apr 24, 2025

Lower · Passed

Returned to committee

lower

Apr 10, 2025

Lower · Passed

Committee report sent to Calendars

lower

Apr 9, 2025

Lower · Passed

Committee report distributed

lower

Apr 2, 2025

Lower · Passed

Reported favorably w/o amendment(s)

lower

Mar 26, 2025

Lower · Passed

Left pending in committee

lower

Mar 26, 2025

Lower · Passed

Testimony taken/registration(s) recorded in committee

lower

Mar 5, 2025

Committee

Referred to State Affairs

lower

Mar 5, 2025

Introduced

Read first time

lower

5 primary · 23 co-sponsors