| 1 | 1 | | 88R14815 JRJ-D |
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| 2 | 2 | | By: Springer S.J.R. No. 71 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment requiring the governor to call |
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| 7 | 7 | | the legislature into special session following certain disaster or |
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| 8 | 8 | | emergency declarations and specifying the powers of the legislature |
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| 9 | 9 | | in those special sessions. |
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| 10 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 8, Article IV, Texas Constitution, is |
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| 12 | 12 | | amended by adding Subsections (c) and (d) to read as follows: |
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| 13 | 13 | | (c) The Governor shall convene the Legislature in special |
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| 14 | 14 | | session for the purposes described by Subsection (d) of this |
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| 15 | 15 | | section: |
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| 16 | 16 | | (1) if a state of disaster or emergency declared by the |
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| 17 | 17 | | Governor continues for more than 21 days; or |
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| 18 | 18 | | (2) on receipt of a petition from any member of the |
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| 19 | 19 | | Legislature requesting legislative review of a state of disaster or |
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| 20 | 20 | | emergency declared by the Governor if the petition is signed by at |
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| 21 | 21 | | least two-thirds of the members of the house of representatives and |
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| 22 | 22 | | at least two-thirds of the members of the senate. |
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| 23 | 23 | | (d) In a special session convened under Subsection (c) of |
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| 24 | 24 | | this section, the Legislature may: |
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| 25 | 25 | | (1) review an order, proclamation, or other instrument |
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| 26 | 26 | | issued by the Governor during the 90 days before the special session |
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| 27 | 27 | | begins: |
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| 28 | 28 | | (A) declaring a state of disaster or emergency in |
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| 29 | 29 | | this state; or |
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| 30 | 30 | | (B) in response to a state of disaster or |
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| 31 | 31 | | emergency in this state declared by any federal, state, or local |
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| 32 | 32 | | official or entity; |
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| 33 | 33 | | (2) terminate or modify an order, proclamation, or |
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| 34 | 34 | | other instrument described by Subdivision (1) of this subsection by |
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| 35 | 35 | | passage of a resolution approved by majority vote of the members |
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| 36 | 36 | | present in each house of the Legislature, which is not subject to |
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| 37 | 37 | | Section 15, Article IV, of this constitution; |
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| 38 | 38 | | (3) respond to the state of disaster or emergency, |
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| 39 | 39 | | including by: |
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| 40 | 40 | | (A) passing laws and resolutions the Legislature |
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| 41 | 41 | | determines are related to the state of disaster or emergency; and |
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| 42 | 42 | | (B) exercising the powers reserved to the |
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| 43 | 43 | | Legislature under Section 28, Article I, of this constitution; and |
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| 44 | 44 | | (4) consider any other subjects stated in the |
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| 45 | 45 | | Governor's proclamation convening the Legislature. |
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| 46 | 46 | | SECTION 2. This proposed constitutional amendment shall be |
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| 47 | 47 | | submitted to the voters at an election to be held November 7, 2023. |
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| 48 | 48 | | The ballot shall be printed to provide for voting for or against the |
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| 49 | 49 | | proposition: "The constitutional amendment requiring the governor |
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| 50 | 50 | | to call the legislature into special session following certain |
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| 51 | 51 | | disaster or emergency declarations and specifying the powers of the |
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| 52 | 52 | | legislature in those special sessions." |
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