| 1 | 1 | | By: Duncan, Carona S.B. No. 1810 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to allowing the governor, and the lieutenant governor or |
|---|
| 7 | 7 | | another person when acting as governor, to retain executive |
|---|
| 8 | 8 | | authority while traveling within the contiguous 48 states of the |
|---|
| 9 | 9 | | continental United States so long as effective communication links |
|---|
| 10 | 10 | | with this state are maintained. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 401.022, Government Code, is amended to |
|---|
| 13 | 13 | | read as follows: |
|---|
| 14 | 14 | | Sec. 401.022. DEFINITION. In this chapter, "unavailable" |
|---|
| 15 | 15 | | means, with respect to the governor or a person acting as governor |
|---|
| 16 | 16 | | under the Texas Constitution or this subchapter: |
|---|
| 17 | 17 | | (1) not able to exercise the powers and discharge the |
|---|
| 18 | 18 | | duties of the office of governor for any reason specified in the |
|---|
| 19 | 19 | | Texas Constitution; |
|---|
| 20 | 20 | | (2) being physically outside the territorial |
|---|
| 21 | 21 | | boundaries of the contiguous 48 states of the continental United |
|---|
| 22 | 22 | | States; |
|---|
| 23 | 23 | | (3) being physically outside this state and within the |
|---|
| 24 | 24 | | territorial boundaries of the contiguous 48 states of the |
|---|
| 25 | 25 | | continental United States for a period of more than 14 consecutive |
|---|
| 26 | 26 | | days; or |
|---|
| 27 | 27 | | (4) being physically outside this state while failing |
|---|
| 28 | 28 | | to maintain effective communication links with this state, without |
|---|
| 29 | 29 | | regard to whether the person remains within the territorial |
|---|
| 30 | 30 | | boundaries of the contiguous 48 states of the continental United |
|---|
| 31 | 31 | | States. |
|---|
| 32 | 32 | | SECTION 2. Section 401.025, Government Code, is amended to |
|---|
| 33 | 33 | | read as follows: |
|---|
| 34 | 34 | | Sec. 401.025. EXCEPTION. The [president pro tempore of the |
|---|
| 35 | 35 | | senate or] speaker of the house of representatives may act as |
|---|
| 36 | 36 | | governor under this subchapter only if the person holds that office |
|---|
| 37 | 37 | | when the governor and lieutenant governor first become unavailable. |
|---|
| 38 | 38 | | SECTION 3. This Act takes effect on the date that the |
|---|
| 39 | 39 | | constitutional amendment proposed by the 81st Legislature, Regular |
|---|
| 40 | 40 | | Session, 2009, providing that the governor, and the lieutenant |
|---|
| 41 | 41 | | governor when acting as governor, retain executive authority unless |
|---|
| 42 | 42 | | the person becomes unavailable as provided by law is officially |
|---|
| 43 | 43 | | declared to have been approved by the voters. If that amendment is |
|---|
| 44 | 44 | | not approved by the voters, this Act has no effect. |
|---|