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TX SJR40
Joint Resolution
Status
4/10/2025
Primary Sponsor
Brian Birdwell
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AI Summary
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Requires the Governor to convene a special legislative session when proposing to renew or extend a disaster/emergency declaration that affects at least two-fifths of Texas counties, half the state's population, or two-thirds of counties in three or more trauma service areas
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Limits Governor-declared states of disaster or emergency to 30 days maximum unless the Legislature votes to renew or extend the declaration (90 days for nuclear or radiological events)
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Grants the Legislature authority during special sessions to renew emergencies, enact related laws and resolutions, and exercise powers reserved under the state constitution's suspension of laws provision
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Exempts legislative votes to modify or terminate the Governor's disaster declarations from the Governor's veto power
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Gives individual legislators standing to sue the Governor in the Texas Supreme Court for failing to convene a required special session, with the Supreme Court having original jurisdiction over such suits
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Proposes submission of this constitutional amendment to voters on November 3, 2026
Legislative Description
Proposing a constitutional amendment regarding the powers of the governor, the legislature, and the supreme court following certain disaster or emergency declarations.
Disaster Preparedness & Relief
Last Action
Considered in Calendars
5/22/2025