Texas House Bill HJR15

Texas 2021 - 87th Regular

Caption

Applying to the Congress of the United States to call a convention under Article V of the United States Constitution for the limited purpose of proposing an amendment to the constitution to prohibit abortion, euthanasia, and certain other acts.

Impact

If passed, this constitutional amendment would enhance the legislative branch's role during emergencies by ensuring that the legislature has the ability to review and potentially terminate or modify the governor's emergency declarations. This change would fundamentally alter the balance of power in Texas during emergencies, granting the legislature more oversight and control over the governor's decisions. The proposed system would allow for legislative checks on executive power during critical situations, addressing potential concerns regarding executive overreach and the scope of emergency powers.

Summary

HJR15 is a joint resolution proposing a constitutional amendment to amend Section 8 of Article IV of the Texas Constitution. This amendment stipulates that the governor is required to convene the legislature in a special session under certain conditions following a state of disaster or emergency declaration. Specifically, if a state of disaster or emergency persists for more than 21 days, or upon receiving a petition from a significant number of legislative members, the governor must call the legislature to review and potentially modify the governor's emergency orders and impacts of disaster actions.

Contention

Discussions around HJR15 may involve significant contention as it touches on the balance of power between the executive and legislative branches. Proponents may argue that it is crucial for the legislature to have a direct role in decision-making during crises, while opponents could contend that such measures could complicate and delay responses in urgent situations. The amendment proposes a shift that might lead to debates surrounding the extent of emergency powers, legislative efficiency, and the necessity of prompt decision-making when public health and safety are at stake.