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SENATE JOINT RESOLUTION
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proposing a constitutional amendment regarding the powers of the |
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governor, the legislature, and the supreme court following certain |
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disaster or emergency declarations. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8, Article IV, Texas Constitution, is |
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amended by adding Subsections (c), (d), (e), (f), and (g) to read as |
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follows: |
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(c) The Governor shall convene the Legislature in special |
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session for the purposes described by Subsection (d) of this |
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section when the Governor proposes to renew an order or |
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proclamation declaring a state of disaster or emergency or issue a |
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new order or proclamation regarding the same state of disaster or |
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emergency that: |
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(1) exists in at least two-fifths of the counties in |
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this state; |
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(2) affects at least half of this state's population |
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according to the most recent federal decennial census; or |
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(3) affects at least two-thirds of the counties in |
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each of three or more trauma service areas in this state, as |
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designated by the appropriate state agency. |
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(d) In a special session convened under Subsection (c) of |
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this section, the Legislature may: |
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(1) renew or extend the state of disaster or |
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emergency; |
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(2) respond to the state of disaster or emergency, |
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including by: |
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(A) enacting laws and adopting resolutions the |
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Legislature determines are related to the state of disaster or |
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emergency; and |
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(B) exercising the powers reserved to the |
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Legislature under Section 28, Article I, of this constitution; and |
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(3) consider any other subject stated in the |
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Governor's proclamation convening the Legislature. |
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(e) Except as provided by Subsection (f) of this section, a |
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state of disaster or emergency declared by the Governor that is |
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subject to Subsection (c) of this section may not continue for more |
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than 30 days unless the Legislature renews or extends the declared |
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state of disaster or emergency under Subsection (d) of this |
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section. |
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(f) A state of disaster or emergency declared by the |
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Governor that is subject to Subsection (c) of this section and that |
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is related to a nuclear or radiological event recognized by the |
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federal agency with primary authority for federal response to that |
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event may not continue for more than 90 days unless the Legislature |
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renews or extends the declared state of disaster or emergency under |
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Subsection (d) of this section. |
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(g) A vote under Subsection (d) of this section to modify or |
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terminate a proclamation or order issued by the Governor declaring |
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a state of disaster or emergency is not subject to Section 15 of |
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this article. |
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SECTION 2. Section 3, Article V, Texas Constitution, is |
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amended by amending Subsection (a) and adding Subsections (a-1) and |
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(a-2) to read as follows: |
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(a) The Supreme Court shall exercise the judicial power of |
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the state except as otherwise provided in this Constitution. Its |
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jurisdiction shall be coextensive with the limits of the State and |
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its determinations shall be final except in criminal law matters. |
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Its appellate jurisdiction shall be final and shall extend to all |
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cases except in criminal law matters and as otherwise provided in |
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this Constitution or by law. The Supreme Court and the Justices |
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thereof shall have power to issue writs of habeas corpus, as may be |
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prescribed by law, and under such regulations as may be prescribed |
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by law, the [said] courts and the Justices thereof may issue the |
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writs of mandamus, procedendo, certiorari and such other writs, as |
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may be necessary to enforce its jurisdiction. |
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(a-1) Except as provided by Subsection (a-2) of this |
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section, the [The] Legislature may confer original jurisdiction on |
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the Supreme Court to issue writs of quo warranto and mandamus in |
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such cases as may be specified, except as against the Governor [of |
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the State]. |
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(a-2) A member of the Legislature has standing to |
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participate as a party in a suit against the Governor for a |
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violation of the duty imposed by Section 8(c), Article IV, of this |
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constitution. The Supreme Court has original jurisdiction of a |
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suit described by this subsection. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 7, 2023. |
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The ballot shall be printed to provide for voting for or against the |
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proposition: "The constitutional amendment regarding the powers of |
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the governor, the legislature, and the supreme court following |
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certain disaster or emergency declarations." |
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