| 1 | 1 | | 87R1013 JRJ-F |
|---|
| 2 | 2 | | By: Toth H.J.R. No. 42 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A JOINT RESOLUTION |
|---|
| 6 | 6 | | proposing a constitutional amendment regarding certain powers of |
|---|
| 7 | 7 | | the governor in issuing orders or proclamations and specifying the |
|---|
| 8 | 8 | | powers of the legislature in special sessions called following |
|---|
| 9 | 9 | | certain disaster or emergency declarations. |
|---|
| 10 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 28, Article I, Texas Constitution, is |
|---|
| 12 | 12 | | amended to read as follows: |
|---|
| 13 | 13 | | Sec. 28. (a) No power of suspending laws in this State |
|---|
| 14 | 14 | | shall be exercised except by the Legislature. |
|---|
| 15 | 15 | | (b) No order or proclamation issued by the Governor may |
|---|
| 16 | 16 | | violate or suspend constitutional rights. |
|---|
| 17 | 17 | | SECTION 2. Section 8, Article IV, Texas Constitution, is |
|---|
| 18 | 18 | | amended by adding Subsections (c), (d), and (e) to read as follows: |
|---|
| 19 | 19 | | (c) The Governor shall convene the Legislature in special |
|---|
| 20 | 20 | | session for the purposes described by Subsection (d) of this |
|---|
| 21 | 21 | | section when the Governor proposes to renew an order or |
|---|
| 22 | 22 | | proclamation declaring a state of disaster or emergency. |
|---|
| 23 | 23 | | (d) In a special session convened under Subsection (c) of |
|---|
| 24 | 24 | | this section, the Legislature may: |
|---|
| 25 | 25 | | (1) renew or extend the state of disaster or |
|---|
| 26 | 26 | | emergency; |
|---|
| 27 | 27 | | (2) respond to the state of disaster or emergency, |
|---|
| 28 | 28 | | including by: |
|---|
| 29 | 29 | | (A) passing laws and resolutions the Legislature |
|---|
| 30 | 30 | | determines are related to the state of disaster or emergency; and |
|---|
| 31 | 31 | | (B) exercising the powers reserved to the |
|---|
| 32 | 32 | | Legislature under Section 28(a), Article I, of this Constitution; |
|---|
| 33 | 33 | | and |
|---|
| 34 | 34 | | (3) consider any other subjects stated in the |
|---|
| 35 | 35 | | Governor's proclamation convening the Legislature. |
|---|
| 36 | 36 | | (e) A state of disaster or emergency declared by the |
|---|
| 37 | 37 | | Governor may not continue for more than 30 days unless it is renewed |
|---|
| 38 | 38 | | or extended by the Legislature under Subsection (d) of this |
|---|
| 39 | 39 | | section. |
|---|
| 40 | 40 | | SECTION 3. This proposed constitutional amendment shall be |
|---|
| 41 | 41 | | submitted to the voters at an election to be held November 2, 2021. |
|---|
| 42 | 42 | | The ballot shall be printed to provide for voting for or against the |
|---|
| 43 | 43 | | proposition: "The constitutional amendment regarding certain |
|---|
| 44 | 44 | | powers of the governor in issuing orders or proclamations and |
|---|
| 45 | 45 | | specifying the powers of the legislature in special sessions called |
|---|
| 46 | 46 | | following certain disaster or emergency declarations." |
|---|