SJR40 - Proposing a constitutional amendment regarding the powers of the governor, the legislature, and the supreme court following certain disaster or emergency declarations.

  89R26025 LRM-D     By: Birdwell, et al. S.J.R. No. 40     (Slawson)     Substitute the following for S.J.R. No. 40:  No.       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 three-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)     for a public health emergency or disaster, 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 3, 2026.   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."