Bill Text: TX SJR45 | 2021-2022 | 87th Legislature | Engrossed


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

Spectrum: Slight Partisan Bill (Republican 12-4)

Status: (Engrossed) 2021-04-16 - Referred to State Affairs [SJR45 Detail]

Download: Texas-2021-SJR45-Engrossed.html
 
 
  By: Birdwell, et al. S.J.R. No. 45
 
 
  SENATE 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 the population of this
  state, 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 state of disaster or
  emergency;
               (2)  respond to the state of disaster or emergency,
  including by:
                     (A)  passing laws and 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 may not
  continue for more than 30 days unless it is renewed or extended by
  the Legislature under Subsection (d) of this section if the
  declared state of disaster or emergency:
               (1)  exists in at least two-fifths of the counties in
  this state;
               (2)  affects at least half of the population of this
  state, 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.
         (f)  A state of disaster or emergency declared by the
  Governor and 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 it is
  renewed or extended by the Legislature under Subsection (d) of this
  section if the declared state of disaster or emergency:
               (1)  exists in at least two-fifths of the counties in
  this state;
               (2)  affects at least half of the population of this
  state, 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.
         (g)  A vote under Subsection (d) of this section to modify or
  terminate a proclamation or order issued by the Governor 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 co-extensive 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 2, 2021.
  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."
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