LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION

April 24, 2025

TO:	Honorable Ken King, Chair, House Committee on State Affairs
FROM:	Jerry McGinty, Director, Legislative Budget Board
IN RE:	SJR40 by Birdwell (proposing a constitutional amendment regarding the powers of the governor, the legislature, and the supreme court following certain disaster or emergency declarations.), Committee Report 2nd House, Substituted

The provisions of the proposed Constitutional amendment requiring the Governor to convene the Legislature in a special session would result in an indeterminate cost to the state. The cost would be dependent upon whether the state of disaster is declared and a proposal from the Governor to renew an order or proclamation declaring a state of disaster or emergency. 

The cost to the state for publication of the resolution is $191,689.

The bill would amend the Texas Constitution to require the Governor to convene the Legislature in a special session in the event that the Governor proposes to renew an order or proclamation declaring a state of disaster or emergency or issue a new order regarding the same state of disaster or emergency that meets certain criteria. 

The bill would amend the Texas Constitution to allow a member of the Legislature standing to participate as a party in a suit against the Governor for a violation of a duty imposed by Texas Constitution, Article IV, Section 8(c).

Local Government Impact

The fiscal implications of the bill cannot be determined at this time.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 300 Trusteed Programs Within the Office of the Governor, 537 State Health Services, Department of

LBB Staff:

JMc, WP, LCO, KCu, NV