Senate Joint Resolution No. 40 proposes an amendment to the Texas Constitution that outlines the powers of the governor, legislature, and supreme court in the context of disaster or emergency declarations. The resolution mandates that the governor must convene the legislature in a special session if they intend to renew or issue a new disaster declaration that affects a significant portion of the state, specifically if it impacts at least two-fifths of the counties, half of the state's population, or two-thirds of counties in multiple trauma service areas. During this special session, the legislature would have the authority to renew or extend the disaster declaration, respond to the emergency, and consider other matters as specified by the governor.

Additionally, the resolution stipulates that a disaster declaration cannot last more than 30 days without legislative approval, except in cases related to nuclear or radiological events, which may extend to 90 days. It also grants members of the legislature the standing to sue the governor for violations of these provisions, with the supreme court having original jurisdiction over such cases. The proposed amendment will be presented to voters in an election scheduled for November 3, 2026, allowing the public to decide on the changes to the powers of state officials during emergencies.