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Representative says he is committed to filing legislation allowing Texas to secede

Rep. Kyle Biedermann, R-Fredericksburg, say he believes the federal government is out of control.

FREDERICKSBURG, Texas — In a nod to Brexit, an Austin-area state representative is floating the idea of an exit of his own – "Texit."

On Tuesday, Rep. Kyle Biedermann (R-Fredericksburg) said that he is committed to authoring legislation in the 2021 legislative session that will give Texans a vote to allow the state to secede from the U.S.

"The federal government is out of control and does not represent the values of Texans," he wrote on Facebook. "That is why I am committing to file legislation this session that will allow a referendum to give Texans a vote for the State of Texas to reassert its status as an independent nation."

According to Biedermann, the legislation would align with Article 1, Section 2 of the state's constitution, which states:

"All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient."  

If Texas were to secede, it would be a massive legal feat.

Because of the Civil War, hundreds of thousands of people died in order to preserve the union. Ultimately, the war ended any serious talk about secessionist movements.

Last year, KVUE spoke with University of Texas political science professor Eric McDaniel on the possibility. He said secession confusion comes from a misunderstanding of the state's original admission into the U.S.

RELATED: No, Texas can't secede during a federal government shutdown

According to the joint resolution for annexing Texas, Congress said Texas could break up into five states but all would have to be part of the U.S.

And another reason Texas cannot legally secede is because of the Supreme Court case Texas v. White. Even if the Texas legislature voted to secede, the action would be “absolutely null,” according to that Supreme Court case.

The U.S. Constitution also does not explicitly provide for the possibility of secession.

"The aspiration of the preamble is to create a more perfect union," added UT law professor Sanford Levinson. "Itself suggests that there can be no secession because, by definition, secession destroys the existing union rather than making it more perfect."

The 87th Texas Legislative Session kicks off in January.


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