Texas 2023 - 88th Regular

Texas House Bill HJR121 Compare Versions

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Old	New	Differences
1	1	88R1865 YDB-F
2	2	By: Slawson H.J.R. No. 121
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment regarding the powers of the
7	7	governor, the legislature, and the supreme court following certain
8	8	disaster or emergency declarations.
9	9	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 8, Article IV, Texas Constitution, is
11	11	amended by adding Subsections (c), (d), (e), (f), and (g) to read as
12	12	follows:
13	13	(c) The Governor shall convene the Legislature in special
14	14	session for the purposes described by Subsection (d) of this
15	15	section when the Governor proposes to renew an order or
16	16	proclamation declaring a state of disaster or emergency or issue a
17	17	new order or proclamation regarding the same state of disaster or
18	18	emergency that:
19	19	(1) exists in at least two-fifths of the counties in
20	20	this state;
21	21	(2) affects at least half of this state's population
22	22	according to the most recent federal decennial census; or
23	23	(3) affects at least two-thirds of the counties in
24	24	each of three or more trauma service areas in this state, as
25	25	designated by the appropriate state agency.
26	26	(d) In a special session convened under Subsection (c) of
27	27	this section, the Legislature may:
28	28	(1) renew or extend the state of disaster or
29	29	emergency;
30	30	(2) respond to the state of disaster or emergency,
31	31	including by:
32	32	(A) enacting laws and adopting resolutions the
33	33	Legislature determines are related to the state of disaster or
34	34	emergency; and
35	35	(B) exercising the powers reserved to the
36	36	Legislature under Section 28, Article I, of this constitution; and
37	37	(3) consider any other subject stated in the
38	38	Governor's proclamation convening the Legislature.
39	39	(e) Except as provided by Subsection (f) of this section, a
40	40	state of disaster or emergency declared by the Governor that is
41	41	subject to Subsection (c) of this section may not continue for more
42	42	than 30 days unless the Legislature renews or extends the declared
43	43	state of disaster or emergency under Subsection (d) of this
44	44	section.
45	45	(f) A state of disaster or emergency declared by the
46	46	Governor that is subject to Subsection (c) of this section and that
47	47	is related to a nuclear or radiological event recognized by the
48	48	federal agency with primary authority for federal response to that
49	49	event may not continue for more than 90 days unless the Legislature
50	50	renews or extends the declared state of disaster or emergency under
51	51	Subsection (d) of this section.
52	52	(g) A vote under Subsection (d) of this section to modify or
53	53	terminate a proclamation or order issued by the Governor declaring
54	54	a state of disaster or emergency is not subject to Section 15 of
55	55	this article.
56	56	SECTION 2. Section 3, Article V, Texas Constitution, is
57	57	amended by amending Subsection (a) and adding Subsections (a-1) and
58	58	(a-2) to read as follows:
59	59	(a) The Supreme Court shall exercise the judicial power of
60	60	the state except as otherwise provided in this Constitution. Its
61	61	jurisdiction shall be coextensive with the limits of the State and
62	62	its determinations shall be final except in criminal law matters.
63	63	Its appellate jurisdiction shall be final and shall extend to all
64	64	cases except in criminal law matters and as otherwise provided in
65	65	this Constitution or by law. The Supreme Court and the Justices
66	66	thereof shall have power to issue writs of habeas corpus, as may be
67	67	prescribed by law, and under such regulations as may be prescribed
68	68	by law, the [said] courts and the Justices thereof may issue the
69	69	writs of mandamus, procedendo, certiorari and such other writs, as
70	70	may be necessary to enforce its jurisdiction.
71	71	(a-1) Except as provided by Subsection (a-2) of this
72	72	section, the [The] Legislature may confer original jurisdiction on
73	73	the Supreme Court to issue writs of quo warranto and mandamus in
74	74	such cases as may be specified, except as against the Governor [of
75	75	the State].
76	76	(a-2) A member of the Legislature has standing to
77	77	participate as a party in a suit against the Governor for a
78	78	violation of the duty imposed by Section 8(c), Article IV, of this
79	79	constitution. The Supreme Court has original jurisdiction of a
80	80	suit described by this subsection.
81	81	SECTION 3. This proposed constitutional amendment shall be
82	82	submitted to the voters at an election to be held November 7, 2023.
83	83	The ballot shall be printed to provide for voting for or against the
84	84	proposition: "The constitutional amendment regarding the powers of
85	85	the governor, the legislature, and the supreme court following
86	86	certain disaster or emergency declarations."