BILL ANALYSIS Senate Research Center S.J.R. 40 89R1222 LRM-F By: Birdwell State Affairs 3/26/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In 1975, Texas adopted the Example State Disaster Act as proposed by the Council of State Governments. The Texas Disaster Act of 1975, as it came to be known, is currently situated in Chapter 418 of the Government Code. Chapter 433 of the same code predates the Disaster Act with a parallel body of law designed for emergencies. In most respects, the Texas Disaster Act was a verbatim codification of its model legislation. Consequently, the Actin certain placesawkwardly fits into Texas' statutory landscape. For example, the Act alludes to the governor's ability to suspend "regulatory statutes," a seemingly oxymoronic concept in Texas, where regulations and statutes are distinct. Elsewhere, the Act provides that the legislature may terminate an emergency or disaster declaration "at any time." As Texas' Legislature can only apply this power while it is in session, and it has no way of convening itself, this safeguard cannot be given its full effect as originally envisioned. The Disaster Act was designed to empower the executive branch to oversee an unencumbered, uniform response to potential threats facing Texas. However, the Act was also intended to engage the legislative branch as a check to this powera check of power that is conspicuously unavailable outside of the regular session. S.J.R. 40, in conjunction with S.B. 871, amends Article IV of the Constitution and Chapters 418 and 433 of the Government Code, respectively, to rebalance the legislative and executive purviews in times of disaster and emergency. The legislation acknowledges and retains the governor's role as primary emergency management director during a state of disaster by preserving most of the governor's current powers under Chapters 418 and 433. To that end, the governor's response capabilities are left largely untouched for the first 30 days of a disaster/emergency declaration. This senate joint resolution and bill would install the legislative check originally contemplated in the Texas Disaster Act of 1975. S.J.R. 40 proposes a constitutional amendment regarding the powers of the governor, the legislature, and the supreme court following certain disaster or emergency declarations RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 8, Article IV, Texas Constitution, by adding Subsections (c), (d), (e), (f), and (g), as follows: (c) Requires the governor to convene the legislature in special session for the purposes described by Subsection (d) of Section 8 (Convening Legislature on Extraordinary Occasions) 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 exists in at least two-fifths of the counties in this state, affects at least half of this state's population according to the most recent federal decennial census, or 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) Authorizes the legislature, in a special session convened under Subsection (c) of this section, to: (1) renew or extend the declared state of disaster or emergency; (2) respond to the state of disaster or emergency, including by enacting laws and adopting resolutions the legislature determines are related to the state of disaster or emergency and exercising the powers reserved to the legislature under Section 28 (Suspension of Laws), Article I (Bill of Rights), of this constitution; and (3) consider any other subject stated in the governor's proclamation convening the legislature. (e) Prohibits a state of disaster or emergency declared by the governor that is subject to Subsection (c) of this section, except as provided by Subsection (f) of this section, from continuing 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) Prohibits 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 from continuing 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) Provides that 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 (Approval or Veto of Orders, Resolutions, or Votes) of Article IV (Executive Department). SECTION 2. Amends Section 3, Article V, Texas Constitution, by amending Subsection (a) and adding Subsections (a-1) and (a-2), as follows: (a) Makes a nonsubstantive change to this subsection. (a-1) Creates this subsection from existing text and creates an exception under Subsection (a-2). Makes a nonsubstantive change. (a-2) Provides that 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. Provides that the Supreme Court of Texas has original jurisdiction of a suit described by this subsection. SECTION 3. Requires that the proposed constitutional amendment be submitted to the voters at an election to be held November 4, 2025. Sets forth the required language of the ballot.
BILL ANALYSIS
Senate Research Center S.J.R. 40
89R1222 LRM-F By: Birdwell
State Affairs
3/26/2025
As Filed
Senate Research Center
S.J.R. 40
89R1222 LRM-F
By: Birdwell
State Affairs
3/26/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In 1975, Texas adopted the Example State Disaster Act as proposed by the Council of State Governments. The Texas Disaster Act of 1975, as it came to be known, is currently situated in Chapter 418 of the Government Code. Chapter 433 of the same code predates the Disaster Act with a parallel body of law designed for emergencies. In most respects, the Texas Disaster Act was a verbatim codification of its model legislation. Consequently, the Actin certain placesawkwardly fits into Texas' statutory landscape.
For example, the Act alludes to the governor's ability to suspend "regulatory statutes," a seemingly oxymoronic concept in Texas, where regulations and statutes are distinct. Elsewhere, the Act provides that the legislature may terminate an emergency or disaster declaration "at any time." As Texas' Legislature can only apply this power while it is in session, and it has no way of convening itself, this safeguard cannot be given its full effect as originally envisioned.
The Disaster Act was designed to empower the executive branch to oversee an unencumbered, uniform response to potential threats facing Texas. However, the Act was also intended to engage the legislative branch as a check to this powera check of power that is conspicuously unavailable outside of the regular session.
S.J.R. 40, in conjunction with S.B. 871, amends Article IV of the Constitution and Chapters 418 and 433 of the Government Code, respectively, to rebalance the legislative and executive purviews in times of disaster and emergency. The legislation acknowledges and retains the governor's role as primary emergency management director during a state of disaster by preserving most of the governor's current powers under Chapters 418 and 433. To that end, the governor's response capabilities are left largely untouched for the first 30 days of a disaster/emergency declaration. This senate joint resolution and bill would install the legislative check originally contemplated in the Texas Disaster Act of 1975.
S.J.R. 40 proposes a constitutional amendment regarding the powers of the governor, the legislature, and the supreme court following certain disaster or emergency declarations
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 8, Article IV, Texas Constitution, by adding Subsections (c), (d), (e), (f), and (g), as follows:
(c) Requires the governor to convene the legislature in special session for the purposes described by Subsection (d) of Section 8 (Convening Legislature on Extraordinary Occasions) 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 exists in at least two-fifths of the counties in this state, affects at least half of this state's population according to the most recent federal decennial census, or 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) Authorizes the legislature, in a special session convened under Subsection (c) of this section, to:
(1) renew or extend the declared state of disaster or emergency;
(2) respond to the state of disaster or emergency, including by enacting laws and adopting resolutions the legislature determines are related to the state of disaster or emergency and exercising the powers reserved to the legislature under Section 28 (Suspension of Laws), Article I (Bill of Rights), of this constitution; and
(3) consider any other subject stated in the governor's proclamation convening the legislature.
(e) Prohibits a state of disaster or emergency declared by the governor that is subject to Subsection (c) of this section, except as provided by Subsection (f) of this section, from continuing 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) Prohibits 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 from continuing 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) Provides that 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 (Approval or Veto of Orders, Resolutions, or Votes) of Article IV (Executive Department).
SECTION 2. Amends Section 3, Article V, Texas Constitution, by amending Subsection (a) and adding Subsections (a-1) and (a-2), as follows:
(a) Makes a nonsubstantive change to this subsection.
(a-1) Creates this subsection from existing text and creates an exception under Subsection (a-2). Makes a nonsubstantive change.
(a-2) Provides that 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. Provides that the Supreme Court of Texas has original jurisdiction of a suit described by this subsection.
SECTION 3. Requires that the proposed constitutional amendment be submitted to the voters at an election to be held November 4, 2025. Sets forth the required language of the ballot.