Texas 2021 - 87th Regular

Texas Senate Bill SJR45

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 impact of SJR45, if passed, would place limitations on the duration of emergency declarations made by the governor. As stated, an emergency would need significant legislative approval to be extended beyond a 30-day period, which may enhance accountability and legislative oversight during crises. Additionally, the bill includes specific criteria for when a special session may be called and which types of events qualify for such declarations. This change could empower the legislature to play a more prominent role in managing state emergencies, ensuring residents have further representation during such critical timeframes.

Summary

SJR45 is a proposed constitutional amendment that aims to redefine the powers of the governor, legislature, and Texas Supreme Court in the context of disaster or emergency declarations. It specifies procedures for the governor to convene the legislature in a special session to discuss the extension or renewal of disaster declarations. Importantly, the bill establishes conditions under which a disaster or emergency declaration can last longer than 30 days, making it necessary for legislative approval to ensure that oversight remains with the state legislature rather than being solely in the hands of the governor.

Sentiment

Sentiment surrounding SJR45 appears mixed, with strong arguments both for and against the proposed changes. Proponents argue that the amendment is essential for maintaining a system of checks and balances, ensuring that the governor does not wield excessive power during emergencies. They convey that legislative involvement is crucial in crises impacting large populations or multiple counties. Conversely, critics may express concern that requiring legislative approval for all extensions could hinder swift responses in emergencies, where immediate executive action might be vital for effective crisis management.

Contention

Notable points of contention relate to the balance of power between the executive and legislative branches of government. Supporters of SJR45 argue it is a necessary reform to prevent unilateral decision-making by the governor during emergencies. However, opponents may contend that this could result in bureaucratic delays and reduced responsiveness during urgent situations, particularly those requiring rapid action. The necessity of legislative majority for extending emergency declarations raises questions about operational efficiency in an already crisis-laden environment.

Companion Bills

TX SB1025

Enabled by Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.

Similar Bills

CA ACA2

Legislature: retirement.

CA SB699

Legislature: constitutional course.

MI HR0041

A resolution to direct the Clerk of the House of Representatives to only present to the Governor enrolled House bills finally passed by both houses of the One Hundred Third Legislature.

CA AB599

Legislative Modernization Working Group.

CA AB1

Collective bargaining: Legislature.

CA AB478

Legislature: Member training.

AK SCR1

Art. Ii, Sec. 16, Const: Veto Recon

AK SCR13

Art. Ii, Sec. 16, Const:affirm Compliance