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