Texas GOP lawmaker wants to limit governor's powers after Hinojosa win - USA Today
A Texas lawmaker is calling for a special legislative session to limit the governor's emergency powers before Gov.-elect Gina Hinojosa takes office in January.
State Rep. Brian Harrison, R-Midlothian, sent a letter to Gov. Greg Abbott on Nov. 4, urging him to convene a special session following Democrats' historic victories in the Nov. 3 election. Harrison has also started a petition, urging Abbott to take action.
Harrison argues that Texas law grants the governor sweeping emergency powers that should be restricted before the state's first Democratic governor in decades takes office.
"Due to Texas’s absurd (and almost certainly unconstitutional) emergency powers laws, Gov. Hinojosa will literally inherit the power to modify laws, ignore laws, or create and enforce laws – including criminal laws – on a whim," Harrison wrote in the letter to Abbott.
Under the Texas Disaster Act of 1975, the governor has broad authority during declared disasters, including the ability to issue executive orders with the force of law and suspend certain regulations that could interfere with emergency response efforts. The governor also has authority to veto bills, lead the state's military forces, grant commutations of punishment and pardon, and more, according to the Office of the Governor.
Harrison is calling for legislation similar to House Bill 911, which he introduced during the 2023 legislative session. The proposal sought to limit the governor's authority to suspend laws, place restrictions on emergency orders and provide additional legislative oversight.
"I warned years ago that NO governor, Republican or Democrat, should have these broad emergency powers," Harrison wrote. "Now that Texas has elected a Democrat governor, the urgency is undeniable, and inaction is intolerable."
The governor may call at any time and for any reason, although they must state his purpose in the proclamation calling the legislators to special session, the Texas Constitution states.
USA TODAY reached out to Gov. Abbott to see if he's considering a special session ahead of Hinojosa's swearing in.
Natassia Paloma may be reached at npaloma@gannett.com, @NatassiaPaloma on X, natassia_paloma on Instagram, and Natassia Paloma on Facebook.
