Texas Republican lawmaker moves to curb governor-elect’s emergency powers before handover

A Republican lawmaker in Texas is moving to limit the incoming governor’s emergency powers before she takes office, after Democrats won the state’s election on Tuesday. State Representative Brian Harrison has urged outgoing Governor Greg Abbott to call a special session to rein in the governor’s executive emergency powers before Democratic Governor-elect Gina Hinojosa is sworn in.

In a lengthy statement posted on X on Wednesday, Harrison wrote: "Republicans lost last night, but Democrats were not sworn in. 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, that would allow her to destroy liberty in Texas by executive fiat."

Harrison argues that Texas governors should not hold "unchecked" emergency powers, regardless of party. Speaking to Fox News Digital on Thursday, he said: "Texas should have reined in executive emergency powers when I first demanded it in 2022." In his view, if the powers are not revoked, Hinojosa will inherit not only the powers the state constitution grants a governor, but "in effect, nearly all the powers of a dictator."

Under Section 433.002 of the Texas Government Code, the governor may issue emergency directives during a declared state of emergency and "amend, modify, or rescind" them. Harrison contends that most people would be shocked to learn a Texas governor can write, edit or change any statute "on a whim" simply by declaring an emergency — something he calls unconstitutional.

On the campaign trail, Hinojosa pledged to declare "a high-cost emergency" in Texas and issue executive orders halting the state’s gas and diesel taxes and freezing residential electricity rates. Harrison said these powers have been abused in the past and that the governor-elect has pledged to use them from day one.

Harrison called on the Texas Legislature to "immediately pass" legislation such as HB911, a bill he filed in December 2022 to restrict what he calls the governor’s "never ending emergency powers." He said Republicans remain in control for ten more weeks and need to start acting like it.

Hinojosa defeated Abbott in Tuesday’s election, becoming the state’s first-ever Latina governor. In the same election, Democrat James Talarico defeated Republican Attorney General Ken Paxton in the race for the U.S. Senate. In an X post on Wednesday, Hinojosa vowed her administration would "lead with a politics of courage, not convenience."

Some Republican state senators have pledged to "hold the line" against Democratic policy goals ahead of Hinojosa taking office, the Houston Chronicle reported on Wednesday. President Donald Trump blasted Abbott in a Truth Social post on Tuesday, saying the governor lost his re-election bid because he had become a "RINO" — Republican in name only.

After conceding the race, Abbott told supporters on Tuesday that he had informed Hinojosa he "would assist her and her team in a period of transition." Republican Senator Ted Cruz wrote on X on Wednesday that he had been warning for weeks that Texas was in real danger of losing everything. In his words, Texas has not had a Democratic governor since 1994 and has not had a Democratic senator since 1993: "Now we’ll have both."

The governor of Texas can sign or veto bills passed by the state Legislature, serve as commander-in-chief of the state’s military forces, and convene special legislative sessions for specific purposes. Under the Texas Disaster Act of 1975, the governor can declare a state of disaster and suspend certain regulatory requirements — but disaster declarations must be renewed after 30 days and can be terminated by the Legislature at any time.

Abbott’s office and Hinojosa’s campaign did not respond to Fox News Digital’s request for comment on Harrison’s demand. In a Thursday post on X, Harrison claimed his call to curb the governor’s emergency powers "has REALLY triggered low-IQ leftists across America," adding that he did not recall them attacking him in the same way when he filed the same legislation four years ago, right after Abbott was re-elected. Hinojosa is set to officially take office in January 2027.