Texas House Bill HJR40

Texas 2021 - 87th Regular

Caption

Proposing a constitutional amendment to prohibit the governor from regulating alcoholic beverages, firearms, explosives, or combustibles by order or proclamation.

Impact

If enacted, HJR40 would amend Article IV of the Texas Constitution, introducing Section 27 to clarify these restrictions on the governor's authority. The intention is to protect individual rights and prevent what advocates consider government overreach in times of emergency. The bill reflects an ongoing debate regarding the balance between safety regulations and personal liberties, especially surrounding issues that often arise during disasters or emergencies, such as the COVID-19 pandemic.

Summary

HJR40 is a joint resolution proposing a constitutional amendment aimed at limiting the powers of the governor of Texas. Specifically, it seeks to prohibit the governor from regulating the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, or combustibles by any order or proclamation, even during states of emergency. This resolution signifies a significant shift in the way emergency regulation powers are defined in relation to these specific commodities, emphasizing a need to maintain personal freedoms and business operations in times of crisis.

Contention

Debate surrounding HJR40 is likely to arise from varying perspectives on emergency powers. Proponents argue that safeguarding against potential overreach during crises is essential for preserving personal freedoms and ensures that essential services related to alcohol and firearm sales can remain uninterrupted. Critics may contend that this amendment could hinder the state's ability to implement necessary regulations during emergencies that could affect public safety. The discussion may also touch on nuanced concerns regarding how this amendment would interact with existing laws and emergency protocols.