This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                

78R7005 JSA-D

By:  Ellis                                                      S.J.R. No. 39 



A JOINT RESOLUTION

proposing a constitutional amendment to clarify the circumstances 
in which the governor and legislature may take certain actions to 
ensure the continuity of state and local government in the event of 
an enemy attack or threat of enemy attack and authorizing the 
legislature to meet by telecommunications in that event.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Sections 62(a) and (c), Article III, Texas 
Constitution, are amended to read as follows:
	(a)  The Legislature, in order to insure continuity of state 
and local governmental operations in periods of emergency resulting 
from disasters caused by enemy attack, including an attack by a 
person or group other than a foreign government, shall have the 
power and the immediate duty to provide for prompt and temporary 
succession to the powers and duties of public offices, of whatever 
nature and whether filled by election or appointment, the 
incumbents of which may become unavailable for carrying on the 
powers and duties of such offices. Provided, however, that Article 
I of the Constitution of Texas, known as the "Bill of Rights" shall 
not be in any manner affected, amended, impaired, suspended, 
repealed or suspended hereby.
	(c)  When such a period of emergency or the immediate threat 
of enemy attack exists, the Governor, after consulting with the 
Lieutenant Governor and the Speaker of the House of 
Representatives, may suspend the constitutional requirement that 
the Legislature hold its sessions in Austin, the seat of 
government.  When this requirement has been suspended, the Governor 
shall determine a place other than Austin at which the Legislature 
will hold its sessions during such period of emergency or immediate 
threat of enemy attack and may authorize the Legislature to hold its 
sessions by telecommunications so that the members are not required 
to assemble in one place to conduct business.  The Governor shall 
notify the Lieutenant Governor and the Speaker of the House of 
Representatives of the place and time at which the Legislature will 
meet or that the Legislature may meet by telecommunications. The 
Governor may take security precautions, consistent with the state 
of emergency, in determining the extent to which that information 
may be released.
	SECTION 2.  This proposed constitutional amendment shall be 
submitted to the voters at an election to be held November 4, 2003.  
The ballot shall be printed to permit voting for or against the 
proposition: "The constitutional amendment to clarify the 
circumstances in which the governor and legislature may take 
certain actions to ensure the continuity of state and local 
government in the event of an enemy attack or threat of enemy attack 
and authorizing the legislature to meet by telecommunications in 
that event."