Texas Senate approves SJR 40 to redefine governor's powers during disasters

In a pivotal session of the Texas State Legislature on April 10, 2025, lawmakers gathered to address significant reforms in the state's emergency management laws, spurred by lessons learned from the COVID-19 pandemic. The atmosphere was charged with urgency as members discussed Senate Joint Resolution 40 (SGR 40), aimed at rectifying structural flaws that left the legislature sidelined during prolonged emergencies.

Senator Birdwell, a key proponent of the resolution, emphasized the need for legislative involvement during disasters, stating, "The legislature is the closest representation of the people's will and that voice must not be absent during prolonged or very large emergencies." He highlighted that Texas was the last state to convene after the pandemic struck, leaving the executive branch with unchecked authority during a time of crisis.

SGR 40 proposes a constitutional amendment that would require the governor to call a special session if a disaster exceeds 30 days or 90 days for nuclear events, impacting significant portions of the state's population or counties. This change aims to ensure that the legislature can actively participate in decisions that affect the lives and livelihoods of Texans during emergencies.

The resolution passed unanimously, reflecting a bipartisan recognition of the need for reform. Following this, lawmakers swiftly moved to consider Senate Bill 871, which builds on SGR 40 by clarifying the distinction between disasters and emergencies and establishing thresholds for legislative action. This bill aims to prevent the executive branch from having unilateral control over disaster declarations, ensuring that the legislature retains its critical role.

Senator Birdwell reassured his colleagues that the governor would still have the discretion to act swiftly in emergencies, stating, "If he thinks he needs to close something immediately, the legislature comes in even sooner." However, concerns were raised about the potential delays in convening the legislature, particularly regarding business closures during urgent situations. Senator Eckhart voiced apprehensions about the balance of power, stressing that timely decisions could be a matter of life and death.

As the session progressed, the legislature demonstrated a commitment to enhancing checks and balances in Texas's emergency response framework. The passage of these measures marks a significant step toward ensuring that the voices of elected representatives are heard during crises, reinforcing the principle that the government must act in the best interest of its citizens, especially in times of uncertainty. The implications of these reforms will likely resonate throughout the state, shaping how Texas prepares for and responds to future emergencies.