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A JOINT RESOLUTION
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proposing a constitutional amendment regarding certain powers of |
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the governor in issuing orders or proclamations and specifying the |
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powers of the legislature in special sessions called following |
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certain 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 28, Article I, Texas Constitution, is |
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amended to read as follows: |
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Sec. 28. (a) No power of suspending laws in this State |
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shall be exercised except by the Legislature. |
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(b) No order or proclamation issued by the Governor may |
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violate or suspend constitutional rights. |
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SECTION 2. Section 8, Article IV, Texas Constitution, is |
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amended by adding Subsections (c), (d), and (e) to read as 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. |
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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) passing laws and resolutions the Legislature |
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determines are related to the state of disaster or emergency; and |
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(B) exercising the powers reserved to the |
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Legislature under Section 28(a), Article I, of this Constitution; |
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and |
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(3) consider any other subjects stated in the |
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Governor's proclamation convening the Legislature. |
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(e) A state of disaster or emergency declared by the |
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Governor may not continue for more than 30 days unless it is renewed |
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or extended by the Legislature under Subsection (d) of this |
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section. |
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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 2, 2021. |
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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 certain |
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powers of the governor in issuing orders or proclamations and |
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specifying the powers of the legislature in special sessions called |
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following certain disaster or emergency declarations." |