Editing Texas Constitution talk:Article I, Section 28

{{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.