Texas 2009 - 81st Regular

Texas Senate Bill SJR36

Filed
 
Out of Senate Committee
4/7/09  
Voted on by House
 
Sent toSOS
 
Proposed Const. Amend.
 

Caption

Proposing a constitutional amendment to provide that the governor, and the lieutenant governor when acting as governor, retain executive authority unless the person becomes unavailable as provided by law.

Impact

If enacted, this bill would reinforce the continuity of governance in Texas by establishing explicit guidelines regarding the succession of power in the executive branch. It seeks to eliminate ambiguities surrounding the temporary unavailability of a Governor, thus preventing potential governance crises. The bill ensures that the Lieutenant Governor can exercise executive powers seamlessly, thus improving the state's ability to respond to emergencies or unexpected situations involving the Governor's capacity to govern.

Summary

SJR36 proposes a constitutional amendment aimed at clarifying and solidifying the conditions under which the Governor and Lieutenant Governor retain executive authority. The bill amends Sections 16 and 17 of Article IV of the Texas Constitution. It stipulates that the Governor, and the Lieutenant Governor acting in the Governor's stead, shall maintain their executive powers unless they become unavailable as outlined by law. This amendment seeks to ensure a clear line of authority in cases of temporary inability, disqualification, or impeachment of the Governor.

Contention

Despite its focus on clarity, the bill may face scrutiny concerning the implications of maintaining executive authority for extended periods under specific conditions. Critics may raise concerns about the potential for political maneuvering or misuse of the provision regarding 'unavailability.' Additionally, defining the boundaries of what constitutes 'unavailability' could lead to contentious debates, especially in situations where the Governor's temporary inability to serve might be politically charged.

Companion Bills

TX SB1810

Enabled by 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.

Similar Bills

No similar bills found.