Monitoring the Session

SJR 40

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

Did not pass

Verdict: not graded

Not graded. The reader grades bills, not resolutions.

Sen. Brian BirdwellRSenate 22
Caption

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

Caption from the bill history · House Committee Report.

Summary

Not graded. The reader grades bills, not resolutions.

Receipt

The receipt

89R-SJR40 · 2025-01-22

SOLD BY

Sen. Brian BirdwellRSenate 22

+ 1 coauthor

ITEM

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

WHAT IT DOES

Not graded. The reader grades bills, not resolutions.

CHARGES

Not graded

TOTAL

No first-year general revenue figure available here.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · April 24, 2025

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.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Received by the Secretary of the Senate
  2. Filed
  3. Read first time
  4. Referred to State Affairs
  5. Scheduled for public hearing on . . .
  6. Considered in public hearing
  7. Left pending in committee
  8. Considered in public hearing
  9. Vote taken in committee
  10. Reported favorably as substituted
  11. Committee report printed and distributed
  12. Co-author authorized
  13. Placed on intent calendar
  14. Rules suspended-Regular order of business
  15. Read 2nd time & passed to engrossment
  16. Vote recorded in Journal
  17. Three day rule suspended
  18. Record vote
  19. Read 3rd time
  20. Passed
  21. Record vote
  22. Reported engrossed
  23. Received from the Senate
  24. Read first time
  25. Referred to State Affairs
  26. Posting rule suspended
  27. Scheduled for public hearing on . . .
  28. Considered in public hearing
  29. Testimony taken/registration(s) recorded in committee
  30. Left pending in committee
  31. Considered in formal meeting
  32. Committee substitute considered in committee
  33. Reported favorably as substituted
  34. Comte report filed with Committee Coordinator
  35. Committee report distributed
  36. Committee report sent to Calendars
  37. Considered in Calendars
FILED UNDER

Not graded

SIGNED FOR BY

Senate · 30 yea · 0 nay

Sources

Senate: Final passage · Apr 10, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

Not graded

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Brian Birdwell

Donors

Texans for Lawsuit Reform PAC Austin TX$30,000
Good Government Fund Fort Worth TX$10,000
Texas Oil & Gas Assn. Good Govt. Cmte Austin TX$10,000

Derived from itemized gifts, Jul 1, 2024 to Jun 30, 2026. State data as of Nov 4, 2026.

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

$353,800 raised since Jul 1, 2024. Derived sum of published report totals. blank in the state's data, consistent with zero. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026. 4 of 4 filed reports carry a published figure.

$502,039 spent since Jul 1, 2024. Derived sum of published report totals. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026. 4 of 4 filed reports carry a published figure.

$731,044 cash on hand. Published report total. Stock, as of Jun 30, 2026. State filing data as of Nov 4, 2026.

$0 loans outstanding. Published report total. Stock, as of Jun 30, 2026. State filing data as of Nov 4, 2026.

Derived sum of itemized contributions in regular reports and uncovered special-session dates. Unitemized contributions are not included. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026.

Money

Missing data does not establish zero giving. Display amounts are rounded.

Votes3

Senate Apr 10, 2025

Yea
30
Nay
0
Present, not voting
Not printed
Absent
Not printed
Excused
1
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Sources

The resolution was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)

Published stock of positions for this vote, except where marked derived.

  • Yea: 30 (published)
  • Nay: 0 (published)
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Apr 10, 2025

Yea
30
Nay
0
Present, not voting
Not printed
Absent
Not printed
Excused
1
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Sources

Senator Birdwell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSJR 40 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 30, Nays 0.

Published stock of positions for this vote, except where marked derived.

  • Yea: 30 (published)
  • Nay: 0 (published)
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Apr 10, 2025

Yea
Not printed
Nay
Not printed
Present, not voting
Not printed
Absent
Not printed
Excused
1
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Voice vote. No numeric tally or individual yeas are inferred.

Sources

The resolution was read second time and was passed to engrossment by a viva voce vote.

Published stock of positions for this vote, except where marked derived.

  • Yea: Not printed
  • Nay: Not printed
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Witnesses13
For
7
Against
6
On
0
Names

For

  • Self3 registrations
  • Self; San Antonio Family Association1 registration
  • Self; Texas Constitutional Enforcement1 registration
  • Self; VFW Dept of Texas1 registration
  • Texas Impact1 registration

Against

  • Self5 registrations
  • Self; Indivisible 14311 registration
Sources

13 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No first-year general revenue figure available here.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · April 24, 2025

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.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

FILED BEFORE

88R SJR 58

by Sen. Birdwell, same lead author · Did not pass · same caption and author, text not compared

Introduced text

Last action, May 20, 2023: Committee report sent to Calendars

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

Caption, 88R bill history

Sources

Texas Senate · Filed Jan 22, 2025

05/22/2025 H Considered in Calendars

Texas Legislature Online · Introduced · Senate Committee Report · Engrossed · House Committee Report

Data snapshot Oct 21, 2026 at 6:45 PM CDT. Grades, charges, quotes and corrections follow the published record.

Coauthors
Mayes MiddletonRSenate 11
Sponsors
Shelby SlawsonRHouse 59

House committee · State Affairs · Committee vote 15 aye, 0 nay · Out of committee

Senate committee · State Affairs · Committee vote 9 aye, 0 nay, 2 absent · Out of committee

Enabling legislation is SB 871.

Subjects

Disaster Preparedness & Relief

Governor

Legislature

Resolutions--Constitutional Amendments

SUPREME COURT