89R1222 LRM-F
By: Birdwell S.J.R. No. 40
A JOINT RESOLUTION
proposing a constitutional amendment regarding the powers of the
governor, the legislature, and the supreme court following certain
disaster or emergency declarations.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8, Article IV, Texas Constitution, is
amended by adding Subsections (c), (d), (e), (f), and (g) to read as
follows:
(c) The Governor shall convene the Legislature in special
session for the purposes described by Subsection (d) of this
section when the Governor proposes to renew an order or
proclamation declaring a state of disaster or emergency or issue a
new order or proclamation regarding the same state of disaster or
emergency that:
(1) exists in at least two-fifths of the counties in
this state;
(2) affects at least half of this state's population
according to the most recent federal decennial census; or
(3) affects at least two-thirds of the counties in
each of three or more trauma service areas in this state, as
designated by the appropriate state agency.
(d) In a special session convened under Subsection (c) of
this section, the Legislature may:
(1) renew or extend the declared state of disaster or
emergency;
(2) respond to the state of disaster or emergency,
including by:
(A) enacting laws and adopting resolutions the
Legislature determines are related to the state of disaster or
emergency; and
(B) exercising the powers reserved to the
Legislature under Section 28, Article I, of this constitution; and
(3) consider any other subject stated in the
Governor's proclamation convening the Legislature.
(e) Except as provided by Subsection (f) of this section, a
state of disaster or emergency declared by the Governor that is
subject to Subsection (c) of this section may not continue for more
than 30 days unless the Legislature renews or extends the declared
state of disaster or emergency under Subsection (d) of this
section.
(f) A state of disaster or emergency declared by the
Governor that is subject to Subsection (c) of this section and that
is related to a nuclear or radiological event recognized by the
federal agency with primary authority for federal response to that
event may not continue for more than 90 days unless the Legislature
renews or extends the declared state of disaster or emergency under
Subsection (d) of this section.
(g) A vote under Subsection (d) of this section to modify or
terminate a proclamation or order the Governor issues declaring a
state of disaster or emergency is not subject to Section 15 of this
article.
SECTION 2. Section 3, Article V, Texas Constitution, is
amended by amending Subsection (a) and adding Subsections (a-1) and
(a-2) to read as follows:
(a) The Supreme Court shall exercise the judicial power of
the state except as otherwise provided in this Constitution. Its
jurisdiction shall be coextensive with the limits of the State and
its determinations shall be final except in criminal law matters.
Its appellate jurisdiction shall be final and shall extend to all
cases except in criminal law matters and as otherwise provided in
this Constitution or by law. The Supreme Court and the Justices
thereof shall have power to issue writs of habeas corpus, as may be
prescribed by law, and under such regulations as may be prescribed
by law, the [said] courts and the Justices thereof may issue the
writs of mandamus, procedendo, certiorari and such other writs, as
may be necessary to enforce its jurisdiction.
(a-1) Except as provided by Subsection (a-2) of this
section, the [The] Legislature may confer original jurisdiction on
the Supreme Court to issue writs of quo warranto and mandamus in
such cases as may be specified, except as against the Governor [of
the State].
(a-2) A member of the Legislature has standing to
participate as a party in a suit against the Governor for a
violation of the duty imposed by Section 8(c), Article IV, of this
constitution. The Supreme Court has original jurisdiction of a
suit described by this subsection.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 4, 2025.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment regarding the powers of
the governor, the legislature, and the supreme court following
certain disaster or emergency declarations."