Texas 2025 - 89th Regular

Texas Senate Bill SJR40

Filed
1/22/25  
Out of Senate Committee
4/7/25  
Voted on by Senate
4/10/25  
Sent toSOS
 
Proposed Const. Amend.
 

Caption

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

Impact

The proposed amendment would significantly alter the current framework under which emergencies are managed in Texas. Under existing law, the Governor has broad authority to declare states of emergency, often leading to concerns about unchecked power. SJR40 seeks to address these concerns by ensuring that any declaration lasting longer than 30 days must receive legislative approval, thus balancing emergency response with legislative oversight. This is particularly relevant in the aftermath of recent disasters, where the extension of emergency powers has raised questions about accountability and governance.

Summary

SJR40 proposes a constitutional amendment that aims to clearly delineate the powers of the Governor, the Legislature, and the Supreme Court in times of declared disasters or emergencies. The amendment stipulates that if the Governor issues or renews a disaster declaration affecting a significant portion of the state, the Legislature must convene in special session. During this session, the Legislature would be empowered to extend the emergency state or respond to the disaster by enacting related legislation. This arrangement seeks to bolster legislative oversight over the execution of emergency powers by the executive branch.

Sentiment

The sentiment surrounding SJR40 appears mixed, with significant support and concern expressed during discussions. Proponents argue that the bill enhances democracy by ensuring that elected representatives have a say in emergency declarations, preventing potential overreach by the executive. Conversely, opponents caution that this legislative requirement may hinder prompt responses to emergencies, suggesting that the need for swiftness in crisis management could be compromised by the necessity of convening the legislature for approval.

Contention

A key point of contention lies in the level of control this amendment places on the executive branch's ability to respond to emergencies swiftly. Critics of the bill level concerns that while legislative oversight is important, the procedural requirements could slow down actions during critical situations, potentially leading to adverse outcomes. Moreover, the amendment's provisions regarding nuclear or radiological events extend the time frame for emergency declarations to 90 days, which introduces further complexities into disaster management and raises additional questions about coordination among state agencies.

Companion Bills

TX SB871

Enabled by Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.

Previously Filed As

TX SJR39

Proposing a constitutional amendment to allow the legislature to override a veto of the governor following a regular session of the legislature.

TX HJR89

Proposing a constitutional amendment to allow the legislature to override a veto of the governor following a legislative session.

TX SB871

Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.

TX HB523

Relating to the authority of the legislature, courts, the governor, and other state and local officials regarding declared states of disaster.

TX HJR109

Proposing a constitutional amendment regarding certain organizational and procedural matters related to the legislature.

TX SB951

Relating to the authority of the governor and the legislature regarding declared states of disaster.

TX SJR42

Proposing a constitutional amendment regarding the time during which the legislature may act on bills or resolutions during a regular session.

TX HJR38

Proposing a constitutional amendment requiring the governor to call the legislature into special session on petition of at least two-thirds of the members of each house of the legislature.

TX LD1331

RESOLUTION, Proposing an Amendment to the Constitution of Maine Regarding When the Governor May Call the Legislature into Session

TX SJR38

Proposing a constitutional amendment to limit the authority of the governor to veto a bill passed by both houses of the Texas Legislature with a vote of at least two-thirds of the members of each house.

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