Texas House Bill HJR121

Texas 2023 - 88th Regular

• Filed: 2/22/23

Caption

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

Impact

The bill mandates that any state of disaster or emergency declared by the governor can only continue for a specified duration—30 days in most cases—unless the legislature votes to extend it. This approach aims to curb the governor's unilateral authority during emergencies, allowing for legislative input and oversight. The stipulation for convening the legislature during an emergency declaration is an essential shift that may alter how future emergencies in Texas are managed, fostering a system of checks and balances between different branches of state government.

Summary

HJR121, proposed by Representative Slawson, seeks to amend the Texas Constitution in response to powers exercised by the governor, the legislature, and the supreme court during disasters or emergencies. The amendment specifically outlines the conditions under which the governor must call a special session of the legislature if a disaster declaration affects significant portions of the population and geographical areas of the state. This change is designed to ensure that legislative oversight occurs during critical times when emergency powers are invoked, thereby enhancing accountability and collaborative governance in crisis situations.

Sentiment

The general sentiment surrounding HJR121 appears to be cautious yet supportive from some segments, aiming to increase legislative participation in emergency declarations. Proponents argue that it is essential to prevent potential overreach by the executive branch during emergencies, ensuring that the legislature is actively involved and informed about ongoing crises. However, there are concerns about the efficiency of responding to urgent disasters if legislative sessions are required, particularly in fast-moving emergencies where time is critical.

Contention

Notable points of contention include discussions about the legitimacy of legislative involvement in executive decisions during emergencies. Critics of the bill argue that requiring the legislature to convene for disaster renewals could hinder quick responses necessary to safeguard the public's safety. Additionally, there are questions about the practicality of the proposed changes, such as the potential for political disagreements to delay critical emergency decisions, which could impede effective disaster management. The upcoming voter decision on the amendment set for November 7, 2023, will ultimately determine its fate.