Texas House Bill HJR42

Texas 2021 - 87th Regular

Caption

Proposing a constitutional amendment regarding certain powers of the governor in issuing orders or proclamations and specifying the powers of the legislature in special sessions called following certain disaster or emergency declarations.

Impact

If enacted, this constitutional amendment would introduce significant changes to how the governor operates during declared emergencies. The governor would be required to convene the legislature for special sessions to discuss extending the disaster declaration beyond a 30-day period. This is designed to prevent unilateral decisions by the executive branch and demands collaborative oversight, thereby reinforcing the importance of legislative engagement in governance. The proposed changes aim to enhance accountability and protect citizens' rights during emergencies.

Summary

HJR42 proposes an amendment to the Texas Constitution that aims to clarify the powers of the governor during times of disaster or emergency. The bill specifies that any order or proclamation issued by the governor cannot violate or suspend constitutional rights. This amendment underscores the separation of powers within the state government, particularly emphasizing that the legislature retains authority over suspending laws. By revisiting these powers during emergency circumstances, the bill intends to ensure that the legislative body has the necessary control over extending disaster declarations and related responses.

Contention

However, the bill is not without its points of contention. Critics may argue that requiring legislative approval for extending disaster declarations could hinder timely responses in critical situations. This concern stems from the need for swift action during emergencies. Proponents of the bill, on the other hand, argue that this requirement ensures necessary checks on executive power, avoiding potential overreach by the governor during crises. This proposed amendment, thus, highlights the ongoing debate over the balance of power between state governance branches during extraordinary times.