Texas 2025 - 89th Regular

Texas Senate Bill SJR40 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Birdwell, Middleton S.J.R. No. 40
2		-	SENATE JOINT RESOLUTION
	1	+	By: Birdwell S.J.R. No. 40
	2	+	(In the Senate - Filed January 22, 2025; February 13, 2025,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	April 7, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 9, Nays 0; April 7, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.J.R. No. 40 By: Birdwell
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4	10
5		-
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	11	+	SENATE JOINT RESOLUTION
7	12		proposing a constitutional amendment regarding the powers of the
8	13		governor, the legislature, and the supreme court following certain
9	14		disaster or emergency declarations.
10	15		BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	16		SECTION 1. Section 8, Article IV, Texas Constitution, is
12	17		amended by adding Subsections (c), (d), (e), (f), and (g) to read as
13	18		follows:
14	19		(c) The Governor shall convene the Legislature in special
15	20		session for the purposes described by Subsection (d) of this
16	21		section when the Governor proposes to renew an order or
17	22		proclamation declaring a state of disaster or emergency or issue a
18	23		new order or proclamation regarding the same state of disaster or
19	24		emergency that:
20	25		(1) exists in at least two-fifths of the counties in
21	26		this state;
22	27		(2) affects at least half of this state's population
23	28		according to the most recent federal decennial census; or
24	29		(3) affects at least two-thirds of the counties in
25	30		each of three or more trauma service areas in this state, as
26	31		designated by the appropriate state agency.
27	32		(d) In a special session convened under Subsection (c) of
28	33		this section, the Legislature may:
29	34		(1) renew or extend the declared state of disaster or
30	35		emergency;
31	36		(2) respond to the state of disaster or emergency,
32	37		including by:
33	38		(A) enacting laws and adopting resolutions the
34	39		Legislature determines are related to the state of disaster or
35	40		emergency; and
36	41		(B) exercising the powers reserved to the
37	42		Legislature under Section 28, Article I, of this constitution; and
38	43		(3) consider any other subject stated in the
39	44		Governor's proclamation convening the Legislature.
40	45		(e) Except as provided by Subsection (f) of this section, a
41	46		state of disaster or emergency declared by the Governor that is
42	47		subject to Subsection (c) of this section may not continue for more
43	48		than 30 days unless the Legislature renews or extends the declared
44	49		state of disaster or emergency under Subsection (d) of this
45	50		section.
46	51		(f) A state of disaster or emergency declared by the
47	52		Governor that is subject to Subsection (c) of this section and that
48	53		is related to a nuclear or radiological event recognized by the
49	54		federal agency with primary authority for federal response to that
50	55		event may not continue for more than 90 days unless the Legislature
51	56		renews or extends the declared state of disaster or emergency under
52	57		Subsection (d) of this section.
53	58		(g) A vote under Subsection (d) of this section to modify or
54	59		terminate a proclamation or order the Governor issues declaring a
55	60		state of disaster or emergency is not subject to Section 15 of this
56	61		article.
57	62		SECTION 2. Section 3, Article V, Texas Constitution, is
58	63		amended by amending Subsection (a) and adding Subsections (a-1) and
59	64		(a-2) to read as follows:
60	65		(a) The Supreme Court shall exercise the judicial power of
61	66		the state except as otherwise provided in this Constitution. Its
62	67		jurisdiction shall be coextensive with the limits of the State and
63	68		its determinations shall be final except in criminal law matters.
64	69		Its appellate jurisdiction shall be final and shall extend to all
65	70		cases except in criminal law matters and as otherwise provided in
66	71		this Constitution or by law. The Supreme Court and the Justices
67	72		thereof shall have power to issue writs of habeas corpus, as may be
68	73		prescribed by law, and under such regulations as may be prescribed
69	74		by law, the [said] courts and the Justices thereof may issue the
70	75		writs of mandamus, procedendo, certiorari and such other writs, as
71	76		may be necessary to enforce its jurisdiction.
72	77		(a-1) Except as provided by Subsection (a-2) of this
73	78		section, the [The] Legislature may confer original jurisdiction on
74	79		the Supreme Court to issue writs of quo warranto and mandamus in
75	80		such cases as may be specified, except as against the Governor [of
76	81		the State].
77	82		(a-2) A member of the Legislature has standing to
78	83		participate as a party in a suit against the Governor for a
79	84		violation of the duty imposed by Section 8(c), Article IV, of this
80	85		constitution. The Supreme Court has original jurisdiction of a
81	86		suit described by this subsection.
82	87		SECTION 3. This proposed constitutional amendment shall be
83	88		submitted to the voters at an election to be held November 3, 2026.
84	89		The ballot shall be printed to provide for voting for or against the
85	90		proposition: "The constitutional amendment regarding the powers of
86	91		the governor, the legislature, and the supreme court following
87	92		certain disaster or emergency declarations."
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