Texas: bill similar to Arizona “anti-commandeering” legislation would ban state appellate courts from enforcing federal court orders

A version of the Arizona bill that would ban state courts from enforcing federal court decisions has now been filed in the Texas House.

HB 2808 as filed amends Government Code Chapter 2113 by creating a new Subchapter F to prohibit a “state agency” from using any money in enforcing any “federal action.”

Under Gov. Code Ch. 2113 “state agency” includes “the supreme court, the court of criminal appeals, another entity in the judicial branch of state government with statewide authority, or a court of appeals.”

Moreover, HB 2808 specifically defines “federal action” to include “order of a federal court.”

Enforcement of the federal court order could only occur if permitted by the Texas legislature via the General Appropriations Act or some other state law.

HB 2808 has been filed but not yet assigned to a committee.