Texas state Rep. Brian Harrison (R-District 10) is calling on Gov. Greg Abbott (R) to immediately convene a special legislative session to rein in the governor’s emergency powers before Democratic Gov.-elect Gina Hinojosa takes office in January.
Harrison issued the demand Wednesday, one day after Hinojosa defeated Abbott in Tuesday’s election, ending Republican control of the governor’s mansion. Democrats also captured the U.S. Senate and lieutenant governor’s races in a broader statewide sweep.
Rather than wait for the new administration, Harrison wants Republicans to use their remaining weeks in power to impose restrictions on the executive authority Hinojosa is set to inherit.
“I call on Gov. Abbott to IMMEDIATELY convene a special session to REIN IN EXECUTIVE EMERGENCY POWERS… before Gina Hinojosa is sworn in!” Harrison wrote.
“Republicans lost last night, but Democrats were not sworn in,” he continued.
“We still have total power in Texas, and we must act like it by using the remaining ten weeks to restore separation of powers and limit the emergency powers that Governor-Elect Hinojosa is set to inherit, which would allow her to destroy liberty in Texas by executive fiat.”
Harrison stepped up his efforts Thursday, urging Texans to sign a petition demanding that Abbott call lawmakers back to Austin before the transition.
The Republican lawmaker argues that Texas governors have been granted sweeping authority during declared emergencies, including the ability to suspend certain laws and regulations without obtaining legislative approval.
He warned that those same powers, which Republicans have allowed Abbott to exercise, could now be used by a Democratic governor.
“Without action, Governor Hinojosa will inherit the powers of a DICTATOR,” Harrison stated.
Harrison Points to Earlier Emergency Powers Reform Bill
Harrison is not proposing an entirely new approach to limiting executive authority.
The Republican pointed to House Bill 911, legislation he filed on December 8, 2022, ahead of the 2023 legislative session, as a potential framework for lawmakers to revisit.
The proposal would have restricted a governor’s ability to suspend certain statutes during emergencies and required legislative approval to extend disaster declarations beyond 30 days.
It also would have limited certain emergency orders affecting constitutional rights to 30 days unless lawmakers authorized an extension.
Other provisions would have required orders affecting private rights to be narrowly tailored and allowed expedited judicial challenges.
The measure was referred to the Texas House State Affairs Committee on March 2, 2023, but never became law.
Harrison said his concerns about unchecked executive power predate Hinojosa’s election and should apply regardless of which political party occupies the governor’s office.
“Never ending emergency powers are antithetical to representative government and render people powerless. Legislative bodies allowing a single executive branch official to both write and enforce laws is the biggest threat to our constitutional system of divided government and should be opposed irrespective of which political party runs the executive branch,” Harrison wrote, recalling his earlier warning.
What Texas Law Currently Allows
Under existing Texas law, a governor's disaster orders carry the force of law. The governor can also suspend certain regulatory statutes and agency rules if complying with them would interfere with disaster response.
Disaster declarations generally last 30 days but can be renewed by the governor. The Legislature has the authority to terminate a declaration by law.
Harrison wants lawmakers to impose additional checks before Hinojosa has an opportunity to exercise those powers.
Abbott has the constitutional authority to call a special legislative session and determine which issues lawmakers may consider. Special sessions can last no longer than 30 days.
But passing legislation that takes effect before Hinojosa's inauguration would present an additional hurdle.
Under the Texas Constitution, legislation generally takes effect 90 days after the Legislature adjourns unless lawmakers approve an earlier effective date by a two-thirds vote of the full membership of each chamber.
That means Republicans would need sufficient support in both the House and Senate to ensure any emergency powers restrictions become law before the new governor takes office.
The next regular legislative session is scheduled to begin January 12, 2027, just one week before Hinojosa's expected inauguration on January 19.
Harrison argues that waiting until then would squander an opportunity to limit the authority of the incoming administration.
Harrison Urges Texas Republicans to Act Before January
Harrison's demand puts pressure on Abbott and Republican legislative leaders to decide whether to pursue emergency powers reform during the final weeks of Republican control of the governor's office.
His proposal would also mark a significant shift in the balance of power between the executive and legislative branches, potentially limiting tools Abbott himself has used during his time as governor.
While Harrison insists the issue is about constitutional limits rather than party politics, his renewed push comes immediately after Democrats' electoral victories and is explicitly aimed at preventing Hinojosa from exercising the full authority currently available to Texas governors.
For now, the decision to convene a special session rests with Abbott.
“I encourage every elected Republican in Texas to join my demand for Gov. Abbott to call a special session,” Harrison wrote.
