According to the Legislative Budget Board (LBB), the fiscal implications of SJR 40 are largely indeterminate. The primary financial impact would stem from the requirement that the governor convene the legislature in a special session under certain emergency conditions. However, the cost of such sessions cannot be precisely estimated, as it depends on the frequency and duration of declared disasters or emergencies that meet the specific thresholds outlined in the resolution. These thresholds include geographic and population criteria that trigger mandatory legislative involvement for disaster declaration extensions.

Each special session of the Texas Legislature carries costs related to per diem expenses, staffing, and operational support. Because the frequency of future qualifying emergencies is unknown, the potential cost to the state remains uncertain. While one-off or infrequent sessions might result in modest costs, more frequent emergencies could lead to a significant cumulative fiscal impact. However, these costs would only be incurred if the governor seeks to extend or reissue a declaration meeting the specified criteria, and the legislature is not already in session.

Aside from operational costs, there is a concrete, one-time expenditure of $191,689 to publish the proposed constitutional amendment, a standard requirement for all constitutional amendments submitted to voters. This cost is associated with the Secretary of State's responsibilities for printing and distributing the amendment text and explanatory materials for the November 2026 election.

Regarding local governments, the fiscal note indicates that the potential impacts cannot be determined at this time. While no direct costs are anticipated for local entities, it is conceivable that any shift in emergency management responsibilities or legal challenges resulting from the amendment’s enforcement could have downstream effects on local administrative processes or resources.

SJR 40 seeks to amend the Texas Constitution to clarify and rebalance the respective roles of the governor and the legislature during states of disaster or emergency. The bill analysis reveals that the motivation for this resolution stems from long-standing gaps in the Texas Disaster Act of 1975, which grants broad emergency powers to the governor but provides only limited mechanisms for legislative oversight—particularly when the legislature is not in session. SJR 40 addresses this concern by establishing a framework in which the legislature must be convened in a special session to review and potentially extend certain large-scale emergency declarations, thereby reinforcing the checks and balances originally envisioned by Texas law.

The proposed amendment ensures that emergency declarations lasting beyond 30 days (or 90 days for radiological events) require legislative input if they meet defined thresholds of geographic or population impact. The legislature is empowered not only to approve or deny extensions but also to enact emergency-related legislation. Furthermore, it introduces judicial accountability by granting standing to individual legislators to sue the governor for failure to comply with these requirements and assigns the Texas Supreme Court original jurisdiction over such cases.

These provisions uphold core liberty principles by preserving the governor's ability to act swiftly in the initial stages of an emergency while restoring legislative oversight for prolonged actions. The bill does not create new rulemaking authority or expand executive powers but instead reinforces the constitutional role of the legislative branch. Therefore, given the context provided by the bill analysis and the balance struck between emergency responsiveness and representative governance, Texas Policy Research recommends that lawmakers vote YES on SJR 40. This resolution meaningfully enhances individual liberty, strengthens limited government, and aligns with multiple state party platforms committed to constitutional accountability.

• Individual Liberty: The resolution enhances individual liberty by ensuring that sweeping emergency powers are not exercised unilaterally by the executive branch beyond 30 days without legislative oversight. This protects Texans from prolonged restrictions on movement, assembly, worship, or business operations without input from their elected representatives. By requiring the legislature to reconvene and approve extended emergency measures, the bill guarantees that any continued limitation on personal freedoms is subjected to public debate and accountability.
• Personal Responsibility: Although less direct, the bill supports personal responsibility by reinforcing the idea that elected officials, particularly legislators, must engage in decision-making during prolonged emergencies. It also empowers individual legislators by giving them standing to challenge the governor in court if he fails to fulfill his constitutional duties, encouraging active civic participation and accountability within the representative framework.
• Free Enterprise: The bill helps protect Texas businesses from indefinite executive orders that may impose restrictions or shut down economic activity without legislative scrutiny. By restoring legislative input, it creates a check against economically damaging policies enacted without stakeholder engagement. This supports a freer market environment and helps prevent disruptions to enterprises that are not democratically vetted.
• Private Property Rights: Indirectly, the resolution strengthens private property rights by limiting the duration of executive authority that could otherwise restrict access to or use of private property during an extended emergency. Whether through forced closures, restrictions on movement, or seizures, any continued action affecting property must be reviewed and extended only through legislative consent, thereby adding a layer of protection.
• Limited Government: This principle is most directly reinforced. The bill reestablishes the legislature's constitutional role during emergencies, creating a meaningful check on executive power. It aligns with the intent of the original Texas Disaster Act, which envisioned a balance between swift executive response and legislative oversight. It also provides a judicial pathway for legislators to hold the governor accountable if that balance is violated.

• SB 871 (Enabled by)