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