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{{DISPLAYTITLE:{{PAGENAME}} of the Texas Constitution–discussion page}}__NOTOC__This page is available for comment and discussion regarding the page ''{{PAGENAME}} of the Texas Constitution''. | {{DISPLAYTITLE:{{PAGENAME}} of the Texas Constitution–discussion page}}__NOTOC__This page is available for comment and discussion regarding the page ''{{PAGENAME}} of the Texas Constitution''. | ||
== SJR 40 == | |||
C.S.S.J.R. 40 | |||
By: Birdwell | |||
State Affairs | |||
Committee Report (Substituted) | |||
BACKGROUND AND PURPOSE | |||
The resolution sponsor has informed the committee of the history of the Texas statutes that | |||
currently guide the governor's and legislature's responses to states of disaster and states of | |||
emergency, relating to the committee that the Texas Disaster Act of 1975 was derived from | |||
model legislation and that the statutes regarding states of emergency predate that act. According | |||
to the resolution sponsor, while the two areas of law have some provisions that are parallel, | |||
others are misaligned and the act misstates the governor's ability to suspend what the act calls | |||
"regulatory statutes," even though in Texas regulations and statutes are distinct provisions, and | |||
the statute regarding states of emergency references the legislature's authority to terminate an | |||
emergency "at any time" even though the legislature can only apply this power when it is in | |||
session. The resolution sponsor has additionally informed the committee that recent disasters, | |||
including the COVID-19 pandemic, have raised questions regarding the legislature's role in | |||
addressing large-scale disasters and regarding its ability to address disaster planning when it can | |||
only act to the extent permitted by the governor when it is not in session and cannot call itself | |||
into session. The resolution sponsor has further told the committee that the disaster act was | |||
designed to empower the executive branch to oversee a uniform response to threats facing Texas | |||
but also was meant to engage the legislative branch as a check to this power. C.S.S.J.R. 40, | |||
along with S.B. 871, seeks to rebalance the legislative and executive powers during states of | |||
emergency and states of disaster while acknowledging the governor's role as primary emergency | |||
management director for the state. The resolution accomplishes this by clarifying the roles of | |||
the governor and the legislature during emergencies and disasters while enhancing transparency | |||
and accountability in government during those periods. | |||