Bill > SJR40

This joint resolution proposes a constitutional amendment that would modify the powers of the Texas governor, legislature, and supreme court during disaster or emergency declarations. Specifically, the resolution requires the governor to convene a special legislative session when a disaster or emergency declaration meets certain thresholds, such as affecting three-fifths of counties or half the state's population. During this special session, the legislature would have the power to renew, extend, or respond to the disaster declaration by enacting laws and exercising its constitutional powers. The resolution also limits the duration of emergency declarations to 30 days (or 90 days for nuclear or radiological events) unless the legislature renews or extends them. Additionally, the amendment grants members of the legislature standing to participate in lawsuits against the governor for violating emergency declaration procedures, and provides the Supreme Court with original jurisdiction in such cases. The proposed amendment would be submitted to voters in the November 3, 2026 election, with the ballot language describing it as a amendment regarding the powers of government officials during disaster or emergency declarations.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SJR40