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Bill

SJR 40

Proposing a constitutional amendment regarding the powers of the governor, the legislature, and the supreme court following certain disaster or emergency declarations.

89th Legislature (2025) Introduced by Brian Birdwell and 2 co-sponsors

Texas constitutional amendment clarifying governor, legislature, and court powers during disaster emergencies, potentially limiting executive authority scope and duration.

Considered in Calendars
#disasterpreparedness&relief(i0211) #governor(i0375) #legislature(i0520) #resolutions--constitutionalamendments(i0661) #supremecourt(v0311)
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Bill Summary · SJR 40

Legislative bill overview

SJR 40 proposes a constitutional amendment to clarify and potentially limit the powers of Texas's governor, legislature, and supreme court during disaster or emergency declarations. The amendment would establish constitutional parameters for how state leadership can exercise emergency authority and potentially define the duration and scope of gubernatorial emergency powers during crises.

Why is this important

Emergency powers exercised during disasters can significantly affect civil liberties, business operations, and government oversight. This amendment would constitutionally define the boundaries of executive authority during emergencies, affecting how future governors can respond to natural disasters, pandemics, or other crises, while also clarifying the legislature's and courts' roles in checking that power.

Potential points of contention

  • Executive vs. Legislative Power: Disagreement over whether the amendment appropriately limits gubernatorial emergency authority or if it inadequately protects executive flexibility needed during fast-moving crises
  • Duration and Scope of Emergency Powers: Debate over how long emergency declarations can last and what actions governors can take without legislative approval, balancing swift response with democratic accountability
  • Judicial Review Standards: Questions about whether the amendment gives courts sufficient authority to review emergency actions, with concerns ranging from excessive judicial intervention to insufficient checks on executive overreach

Compiled from official sources — confirm details with the bill’s official record.

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