Texas state Rep. Brian Harrison (R-District 10) is calling on Gov. Greg Abbott (R) to immediately convene a special legislative session to restrict the governor’s emergency powers before Gov.-elect Gina Hinojosa (D) takes office.
Harrison issued the demand Wednesday after Hinojosa defeated Abbott in Tuesday’s election.
Harrison escalated his push Thursday, urging Texans to sign a petition calling on Abbott to convene a special session before Hinojosa takes office.
Democrats also won the U.S. Senate and lieutenant governor’s races as part of a broader statewide sweep, as previously reported by The Dallas Express.
“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 in his statement.
“Republicans lost last night, but Democrats were not sworn in,” he wrote.
“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 argued that Texas law grants governors overly broad authority during declared disasters and warned that Hinojosa would inherit those powers.
“Without action, Governor Hinojosa will inherit the powers of a DICTATOR,” Harrison stated.
A reform proposal dating to 2022
Harrison pointed to House Bill 911, which he filed on December 8, 2022, for the 2023 legislative session, as a model for reform.
The bill would have removed certain powers to suspend statutes, required legislative approval to renew disaster declarations beyond 30 days and limited certain orders infringing constitutional rights to 30 days without legislative extension. It also would have required narrowly tailored orders affecting private rights and expedited court challenges.
The House referred HB 911 to its State Affairs Committee on March 2, 2023, but lawmakers did not enact it.
Recalling his earlier warning, Harrison wrote: “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 maintains that the restrictions should apply regardless of the governor’s political party. His push predates this election: The Dallas Express covered his effort to limit emergency powers under Abbott in September 2023.
What the law allows
Current law gives governors’ disaster orders the force of law and lets governors suspend certain regulatory statutes and agency rules when compliance would hinder disaster response. Governors can renew disaster declarations after 30 days; lawmakers can terminate a declaration by law.
Abbott can call a special session and set its legislative agenda. Such sessions can last no more than 30 days.
A bill would need support from two-thirds of the full membership of each chamber to take effect before the January transition. Otherwise, the state Constitution generally requires a 90-day wait after adjournment.
The next Legislature convenes January 12, 2027. Hinojosa’s inauguration would ordinarily follow on January 19 under the state Constitution.
“I encourage every elected Republican in Texas to join my demand for Gov. Abbott to call a special session,” Harrison wrote.
“The future of liberty in America is literally on the line in Texas, and Texans deserve leadership that acts accordingly.”
