Texas Emergency Declarations Amendment (2021)
| Texas Emergency Declarations Amendment | |
|---|---|
 | |
| Election date November 2, 2021 | |
| Topic State executive official measures | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Texas Emergency Declarations Amendment was not on the ballot in Texas as a legislatively referred constitutional amendment on November 2, 2021.[1]
This amendment would have amended the Texas Constitution to require the Texas Governor to convene the state legislature if he or she desires to extend an emergency declaration beyond 30 days when certain conditions are met and would have allowed the state legislature to challenge the governor in the state Supreme Court if a special session is not called.[2]
Under the amendment, one of the following conditions would have needed to be met in order to extend the emergency declaration:
- half of the state's population is affected by the declaration,
- two-fifths (102 or more) counties are affected by the declaration, and
- two-thirds of the counties in three or more trauma service regions.
Text of measure
Constitutional changes
- See also: Article 4 and Article 5, Texas Constitution
The measure would have amended section 8 of Article 4 of the state constitution. The following underlined text would have been added:[2] Note: Hover over the text and scroll to see the full text.
Text of Section 8:
Convening Legislature on Extraordinary Occasions
:(c) The Governor shall convene the Legislature in special session for the purposes described by Subsection (d) of this section when the Governor proposes to renew an order or proclamation declaring a state of disaster or emergency or issue a new order or proclamation regarding the same state of disaster or emergency that:
- (1) exists in at least two-fifths of the counties in this state;
- (2) affects at least half of the population of this state, according to the most recent federal decennial census; or
- (3) affects at least two-thirds of the counties in each of three or more trauma service areas in this state, as designated by the appropriate state agency.
- (d) In a special session convened under Subsection (c) of this section, the Legislature may:
- (1) renew or extend the state of disaster or emergency;
- (2) respond to the state of disaster or emergency, including by:
- (A) passing laws and resolutions the Legislature determines are related to the state of disaster or emergency; and
- (B) exercising the powers reserved to the Legislature under Section 28, Article I, of this constitution; and
- (3) consider any other subject stated in the Governor’s proclamation convening the Legislature.
- (e) Except as provided by Subsection (f) of this section, a state of disaster or emergency declared by the Governor may not continue for more than 30 days unless it is renewed or extended by the Legislature under Subsection (d) of this section if the declared state of disaster or emergency:
- (1) exists in at least two-fifths of the counties in this state;
- (2) affects at least half of the population of this state, according to the most recent federal decennial census; or
- (3) affects at least two-thirds of the counties in each of three or more trauma service areas in this state, as designated by the appropriate state agency.
- (f) state of disaster or emergency declared by the Governor and related to a nuclear or radiological event recognized by the federal agency with primary authority for federal response to that event may not continue for more than 90 days unless it is renewed or extended by the Legislature under Subsection (d) of this section if the declared state of disaster or emergency:
- (1) exists in at least two-fifths of the counties in this state;
- (2) affects at least half of the population of this state, according to the most recent federal decennial census; or
- (3) affects at least two-thirds of the counties in each of three or more trauma service areas in this state, as designated by the appropriate state agency.
- (g) vote under Subsection (d) of this section to modify or terminate a proclamation or order issued by the Governor declaring a state of disaster or emergency is not subject to Section 15 of this article.
Text of Section 3:
Jurisdiction of Supreme Court; Writs; Clerk
(a) The Supreme Court shall exercise the judicial power of the state except as otherwise provided in this Constitution. Its jurisdiction shall be co-extensive with the limits of the State and its determinations shall be final except in criminal law matters. Its appellate jurisdiction shall be final and shall extend to all cases except in criminal law matters and as otherwise provided in this Constitution or by law. The Supreme Court and the Justices thereof shall have power to issue writs of habeas corpus, as may be prescribed by law, and under such regulations as may be prescribed by law, the said courts and the Justices thereof may issue the writs of mandamus, procedendo, certiorari and such other writs, as may be necessary to enforce its jurisdiction.
- (a-1) Except as provided by Subsection (a-2) of this section, the
TheLegislature may confer original jurisdiction on the Supreme Court to issue writs of quo warranto and mandamus in such cases as may be specified, except as against the Governorof the State.
:(a-2) A member of the Legislature has standing to participate as a party in a suit against the Governor for a violation of the duty imposed by Section 8(c), Article IV, of this constitution. The Supreme Court has original jurisdiction of a suit described by this subsection.
Path to the ballot
- See also: Amending the Texas Constitution
To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the Texas State Senate and the Texas House of Representatives.
This amendment was filed as Senate Joint Resolution 45 (SJR 45) on March 4, 2021. On April 13, 2021, the state Senate passed SJR 45 in a vote of 30-1. SJR 45 did not receive a vote in the House before the legislative session adjourned on May 31, 2021.[1]
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See also
External links
Footnotes
- ↑ 1.0 1.1 Texas State Legislature, "Senate Joint Resolution 45 Overview," accessed April 13, 2021
- ↑ 2.0 2.1 Texas State Legislature, "Senate Joint Resolution 45 Text," accessed April 13, 2021
- ↑ Note: This text is quoted verbatim from the original source.
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