Texas Sovereignty Act Passes House 86-41 — State Could Nullify Unconstitutional Federal Actions

Texas just put Washington on notice. House Bill 796 — the Texas Sovereignty Act — passed the state House by a decisive 86-41 vote, creating a formal mechanism for the Lone Star State to review, challenge, and potentially nullify federal overreach.

On May 6, 2025, the Texas House of Representatives passed one of the most consequential pieces of state sovereignty legislation in modern American history. HB 796 establishes the Joint Legislative Committee on Constitutional Enforcement — a 12-member bipartisan panel consisting of six House members appointed by the Speaker and six Senate members appointed by the Lieutenant Governor, with no more than four members from the majority party in either chamber.

The committee's mandate is extraordinary in its scope: review federal laws, agency rules and regulations, executive orders, federal court decisions, and treaties "that challenge the sovereignty of the state and of the people to determine if the federal action is unconstitutional."

How It Works

HB 796 defines "unconstitutional federal action" broadly — encompassing not only laws and executive orders but also treaties, agency rules, and federal court decisions. The standard for review is whether the action exceeds federal authority "under the original meaning of the Constitution." This is a critical distinction: the committee evaluates constitutionality based on what the Founders intended, not what decades of activist judicial interpretation have stretched the Commerce Clause and other provisions to cover.

If the committee determines that a federal action is unconstitutional, and if both chambers of the Texas Legislature and the Governor concur, that action can be declared null in Texas and unenforceable by state agencies. This means no Texas state employee, no Texas law enforcement officer, and no Texas agency would be permitted to enforce, implement, or cooperate with the invalidated federal action.

Companion Legislation Strengthens the Framework

HB 796 doesn't stand alone. It's part of a package of sovereignty legislation moving through the Texas Legislature. Senate Bill 888 by Senator Lois Kolkhorst protects local prosecutors from federal lawsuits when they enforce state law. Senate Bill 707 by Senator Phil King gives the Legislature a formal mechanism to reject unconstitutional federal directives. Together, these bills create a comprehensive shield against federal overreach.

The Texas Sovereignty Act also complements existing state efforts on border security. Congressman Jodey Arrington's House Resolution 50 — supported by 25 Texas state lawmakers — reaffirms states' constitutional right to defend their borders in cases of invasion. Senate Bill 4, which grants state and local police the power to arrest individuals suspected of entering Texas unlawfully, continues to test the boundaries of state authority in areas where the federal government has failed to act.

No Fiscal Impact — Just Constitutional Enforcement

According to the Legislative Budget Board, HB 796 will have no significant fiscal impact on the state. Any administrative costs associated with the committee's operation can be absorbed within existing agency resources. This is constitutional enforcement at zero additional cost to taxpayers — a rare achievement in government.

The Tenth Amendment was not a suggestion. It was a command: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Texas is finally building the tools to enforce it. The question now is whether the Senate and the Governor will finish what the House started.