Republican state representative Brian Harrison is urging outgoing Texas Governor Greg Abbott to call a special session of the legislature. The move aims to limit the executive emergency powers that Democratic governor-elect Gina Hinojosa will inherit when she takes office in January 2027.
Harrison made the call in a statement posted on X on Wednesday, following the historic election results from Tuesday. He noted that while Republicans lost the gubernatorial race, the new administration has not yet been sworn in. Harrison argued that the party still holds significant power for the remaining ten weeks and should use that time to restore the separation of powers.
In a detailed post, Harrison stated that the current system allows a governor to destroy liberty by executive fiat if they declare an emergency. He emphasized that his concerns are not partisan, as he believes Texas governors should not have unchecked emergency powers regardless of their political affiliation.
Harrison told Fox News Digital on Thursday that he has demanded these powers be reined in since 2022. He described the current legal framework as unconstitutional, noting that most citizens are shocked to learn that governors can write, edit, or change statutes on a whim by simply declaring an emergency. He warned that without these changes, Hinojosa would effectively inherit powers akin to those of a dictator.
Under Section 433.002 of the Texas Government Code, the governor is authorized to issue emergency directives and can amend, modify, or rescind them during a declared state of emergency. Harrison suggested that the legislature should immediately pass legislation such as HB911, a bill he filed in December 2022, which was designed to restrict what he called the governor's never-ending emergency powers.
The push for legislative action comes after Hinojosa defeated Abbott in Tuesday's election, becoming the first Latina to hold the office of Texas governor. During her campaign, Hinojosa pledged to declare a high-cost emergency upon taking office. She plans to use executive orders to halt state gas and diesel taxes and to freeze residential electricity rates, according to the Texas Tribune.
Harrison claimed in a subsequent post that his demand to curb these powers has triggered a strong reaction from left-leaning critics across the country. He expressed surprise at the intensity of the response, pointing out that he filed similar legislation four years ago shortly after Abbott was re-elected, yet received less criticism at that time.
The governor of Texas holds significant authority, including the ability to sign or veto bills, serve as commander-in-chief of state military forces, and convene special legislative sessions. Under the Texas Disaster Act of 1975, the governor can declare a state of disaster and suspend specific regulatory requirements. These declarations must be renewed after 30 days and can be terminated by the legislature at any time.
Political reactions to the election have been swift and intense. President Donald Trump blasted Abbott on Truth Social on Tuesday, labeling him a RINO, or Republican in name only. Trump suggested that Abbott lost his re-election bid because he reverted to his original political formula in the final six months of his term.
Republican Senator Ted Cruz expressed disappointment on X, stating that he had warned for weeks about the danger of losing control of the state. He noted that Texas has not had a Democrat governor since 1994 or a Democrat senator since 1993, but will now have both. Ahead of Hinojosa's inauguration, some Republican state senators have pledged to hold the line against Democrat-led policy goals. Abbott's office and Hinojosa's campaign did not respond to requests for comment.
