87R1013 JRJ-F
By: Toth H.J.R. No. 42
A JOINT RESOLUTION
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.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28, Article I, Texas Constitution, is
amended to read as follows:
Sec. 28. (a) No power of suspending laws in this State
shall be exercised except by the Legislature.
(b) No order or proclamation issued by the Governor may
violate or suspend constitutional rights.
SECTION 2. Section 8, Article IV, Texas Constitution, is
amended by adding Subsections (c), (d), and (e) 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.
(d) In a special session convened under Subsection (c) of
this section, the Legislature may:
(1) renew or extend the state of disaster or
emergency;
(2) respond to the state of disaster or emergency,
including by:
(A) passing laws and 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(a), Article I, of this Constitution;
and
(3) consider any other subjects stated in the
Governor's proclamation convening the Legislature.
(e) A state of disaster or emergency declared by the
Governor may not continue for more than 30 days unless it is renewed
or extended by the Legislature under Subsection (d) of this
section.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 2, 2021.
The ballot shall be printed to provide for voting for or against the
proposition: "The 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."