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Writer's pictureStephen O

HB178 - 184: An Unconstitutional Bill

The Legislative Ranger

HB 178-180

11/25/2026

By: Stephen O’Toole

 

With the legislative session in full swing, the sheer number of bills being filed can feel overwhelming. Each one has the potential to shape our lives and communities, for better or worse. To make sense of it all, I’m experimenting with a new approach to reviewing legislation—one that prioritizes the most impactful bills while still giving a nod to the less pressing ones. Let’s dive in and see what’s on the table this week.

 

In an effort to better manage the growing volume of legislation being filed, I am testing a new format for reviewing bills. Rather than focusing strictly on three bills per article, I will briefly summarize less impactful legislation and dedicate more time to analyzing bills that have greater significance—whether for good or ill.

 

The first bill we’ll review in depth is HB180, authored by Rep. Ryan Guillen [R-Rio Grande City]. This bill pertains to granting the Governor of Texas authority over international diplomacy. It begins by emphasizing the duty of the Governor and legislature to protect Texas citizens and uphold border sovereignty, reiterating the requirement for lawful entry into the state. However, the bill takes a controversial turn by proposing an amendment to the Texas Government Code, authorizing agreements and engagement with Mexico regarding border matters. This is unconstitutional, as Article 1, Section 10 of the U.S. Constitution explicitly prohibits states from engaging in activities that involve international diplomacy. The U.S. Supreme Court has upheld this principle, asserting that foreign affairs fall solely within the jurisdiction of the federal government.



The Constitution of the United States of America. "We the People, of the United States of America, in Order to form a more perfect Union..."


 

The division between state and federal authority in foreign affairs is deliberate and vital to avoiding chaos—imagine 50 states negotiating their own international treaties. While the federal Secretary of State serves as the chief international diplomat, Texas’s Secretary of State focuses on election administration. HB180 oversteps constitutional boundaries by attempting to empower the Governor to act as a diplomat and appoint representatives to liaise with various levels of the Mexican government. This bill exemplifies dangerous governmental overreach and is a high-priority issue to oppose.

 

Next is HB183, filed by Rep. Jared Patterson [R-Frisco], which aims to create a path for parents to request that books in school libraries be reviewed by the State Board of Education (SBoE). At first glance, this might seem harmless, as the SBoE already has authority to review books. However, this bill opens the door for an influx of book challenges based on any parent’s objection, for any reason. The proposed review process requires the SBoE to determine the book’s approval status within three weeks, categorizing it as approved, rejected, or partially approved based on grade level. While the intention may be to provide accountability, the lack of an appeals process or safeguards against politically motivated actions raises concerns. Without proper checks, a temporary political trend could create lasting impacts on educational materials. I consider this bill a moderate danger and a moderate priority to oppose.

 

The final bill for detailed review today is HB184, another by Rep. Ryan Guillen [R-Rio Grande City]. This bill proposes a student loan repayment program aimed at recruiting lawyers to assist with immigration-related legal tasks along the border. The program would repay up to 25% of a lawyer’s student loans annually for four years, effectively offering full loan repayment for those who remain employed with the Border Prosecution Unit. While I generally support initiatives that address student loan debt, this program is narrowly tailored to benefit a group that typically has higher earning potential—lawyers. It does little to assist those in greater financial need and risks further widening the wealth gap in Texas. While this bill is less overtly harmful than others, it still raises significant concerns. I rate it moderately dangerous and a moderate priority to fight against.

 

With so many bills being filed, it’s crucial to focus our attention on those that will have the greatest impact on our lives, whether they threaten constitutional principles, public education, or social equity. By identifying high-priority issues like HB180’s unconstitutional overreach, HB183’s lack of procedural safeguards, and HB184’s inequitable loan forgiveness program, we can better engage in the legislative process and advocate for meaningful change. Below, you’ll find a list of some of the less impactful bills reviewed—still worth keeping an eye on but not the central focus of this week’s analysis.

 

HB178 – Authored by Rep. Christina Morales [D-Houston] simply seeks to allow ethnic studies to be included in social studies class selection for public school.


HB179 – Authored by Rep. Ann Johnson [D-Houston] is a great bill that seeks to remove all statute of limitations on civil cases brought due to sexual assault of a minor under the age of 14.

 

HB181 – Authored by Rep. Suleman Lalani [D-Sugar Land] is a bill seeking to require universities to provide new students with information about public health benefits coverage. It also stipulates for Texas Health and Human Services Commission to maintain this information for dissemination.

 

HB182 – Authored by Rep. Terry Meza [D-Irving] is a bill that seeks to close a gap and require that contractors for the state provide paid breaks for their employees. While it does stipulate a minimum of 10 minutes every 4 hours scheduled, and that it does not include lunch breaks, I would like to see more. That said, progress is progress.

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