Texas Republicans seek limits on governor emergency powers before Democrat takes office

Texas Republicans are moving to limit emergency powers held by the governor's office now that Democrats are set to take control of state leadership. State Representative Brian Harrison of Waxahachie asked Governor Greg Abbott to call a special session before Gina Hinojosa is sworn in. Harrison said the remaining ten weeks should be used to restore separation of powers and restrict emergency authority the governor-elect would inherit.

Harrison argued that without action, Hinojosa would inherit powers comparable to a dictator and could destroy liberty in Texas by executive fiat. He said he has long opposed unchecked emergency powers regardless of which party holds the office. An earlier proposal, HB 911, would have limited emergency orders that infringe on constitutionally protected rights in scope and duration.

“Without action, Governor Hinojosa will inherit the powers of a DICTATOR.”

Political journalist Scott Braddock, editor of The Quorum Report, told KPRC 2 that a special session targeting Hinojosa is highly unlikely before Abbott leaves office. Braddock explained that lawmakers can only conduct business when enough members are present to establish a quorum. Democrats won control of the Texas House but will not formally take control until the new Legislature begins in January.

Braddock said if Abbott called a special session now, current Democratic lawmakers could simply decline to attend. He noted that the town would not be filled with Democratic legislators and they would not be there. Republicans will retain control of the Texas Senate when lawmakers return to Austin in January.

The split in control creates an unusual question ahead of the 90th Texas Legislature about how much authority newly elected Democratic leaders will actually have. Gina Hinojosa and Vikki Goodwin are preparing to take office as governor and lieutenant governor. The lieutenant governor wields enormous influence over the Texas Senate's legislative agenda.

Observers are questioning how far Republican lawmakers might go to block Democrats from enjoying the same powers the GOP has wielded for decades. The Texas Senate Republicans scheduled a meeting Wednesday afternoon to discuss reorganizing the chamber. The situation remains fluid as the transition approaches.