Proposing a constitutional amendment regarding the powers of the governor, the legislature, and the supreme court following certain disaster or emergency declarations.

89(R) SJR 40 - House Committee Report version - Bill Text

89R26025 LRM-D

By: Birdwell, et al.

S.J.R. No. 40

(Slawson)

Substitute the following for S.J.R. No. 40:
No.

A JOINT RESOLUTION

proposing a constitutional amendment regarding the powers of the

governor, the legislature, and the supreme court following certain

disaster or emergency declarations.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 8, Article IV, Texas Constitution, is

amended by adding Subsections (c), (d), (e), (f), and (g) to read as

follows:

(c)

The Governor shall convene the Legislature in special

session for the purposes described by Subsection (d) of this

section when the Governor proposes to renew an order or

proclamation declaring a state of disaster or emergency or issue a

new order or proclamation regarding the same state of disaster or

emergency that:

(1)

exists in at least three-fifths of the counties in

this state;

(2)

affects at least half of this state's population

according to the most recent federal decennial census; or

(3)

for a public health emergency or disaster, affects

at least two-thirds of the counties in each of three or more trauma

service areas in this state, as designated by the appropriate state

agency.

(d)

In a special session convened under Subsection (c) of

this section, the Legislature may:

(1)

renew or extend the declared state of disaster or

emergency;

(2)

respond to the state of disaster or emergency,

including by:

(A)

enacting laws and adopting resolutions the

Legislature determines are related to the state of disaster or

emergency; and

(B)

exercising the powers reserved to the

Legislature under Section 28, Article I, of this constitution; and

(3)

consider any other subject stated in the

Governor's proclamation convening the Legislature.

(e)

Except as provided by Subsection (f) of this section, a

state of disaster or emergency declared by the Governor that is

subject to Subsection (c) of this section may not continue for more

than 30 days unless the Legislature renews or extends the declared

state of disaster or emergency under Subsection (d) of this

section.

(f)

A state of disaster or emergency declared by the

Governor that is subject to Subsection (c) of this section and that

is related to a nuclear or radiological event recognized by the

federal agency with primary authority for federal response to that

event may not continue for more than 90 days unless the Legislature

renews or extends the declared state of disaster or emergency under

Subsection (d) of this section.

(g)

A vote under Subsection (d) of this section to modify or

terminate a proclamation or order the Governor issues declaring a

state of disaster or emergency is not subject to Section 15 of this

article.

SECTION 2. Section 3, Article V, Texas Constitution, is

amended by amending Subsection (a) and adding Subsections (a-1) and

(a-2) to read as follows:

(a) The Supreme Court shall exercise the judicial power of

the state except as otherwise provided in this Constitution. Its

jurisdiction shall be coextensive with the limits of the State and

its determinations shall be final except in criminal law matters.

Its appellate jurisdiction shall be final and shall extend to all

cases except in criminal law matters and as otherwise provided in

this Constitution or by law. The Supreme Court and the Justices

thereof shall have power to issue writs of habeas corpus, as may be

prescribed by law, and under such regulations as may be prescribed

by law, the [
said
] courts and the Justices thereof may issue the

writs of mandamus, procedendo, certiorari and such other writs, as

may be necessary to enforce its jurisdiction.

(a-1)

Except as provided by Subsection (a-2) of this

section, the
[
The
] Legislature may confer original jurisdiction on

the Supreme Court to issue writs of quo warranto and mandamus in

such cases as may be specified, except as against the Governor [
of

the State
].

(a-2)

A member of the Legislature has standing to

participate as a party in a suit against the Governor for a

violation of the duty imposed by Section 8(c), Article IV, of this

constitution. The Supreme Court has original jurisdiction of a

suit described by this subsection.

SECTION 3. This proposed constitutional amendment shall be

submitted to the voters at an election to be held November 3, 2026.

The ballot shall be printed to provide for voting for or against the

proposition: "The constitutional amendment regarding the powers of

the governor, the legislature, and the supreme court following

certain disaster or emergency declarations."