Texas 2009 - 81st Regular

Texas Senate Bill SJR36

Filed

Out of Senate Committee

4/7/09

Voted on by Senate

4/20/09

Out of House Committee

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.

Previously Filed As

TX HJR69

Proposing a constitutional amendment to set the salaries of members of the legislature and the lieutenant governor based on the average public school teacher salary in this state.

TX SJR60

Proposing a constitutional amendment providing for the suspension of certain public officers by the governor and the trial, removal, and reinstatement of certain public officers by the senate.

TX HJR66

Proposing a constitutional amendment to remove the governor's line-item veto authority.

TX SJR11

Proposing a constitutional amendment to remove the governor's line-item veto authority.

TX HJR177

Proposing a constitutional amendment requiring the secretary of state to be elected by the qualified voters at a general election instead of appointed by the governor.

TX SJR58

Proposing a constitutional amendment regarding the powers of the governor, the legislature, and the supreme court following certain disaster or emergency declarations.

TX HJR50

Proposing a constitutional amendment allowing the legislature to establish a special district to be the seat of state government.

TX HJR148

Proposing a constitutional amendment to allow the legislature to override a veto of the governor following a legislative session.

TX HJR121

Proposing a constitutional amendment regarding the powers of the governor, the legislature, and the supreme court following certain disaster or emergency declarations.

TX HJR34

Proposing a constitutional amendment to limit the time that a person may serve as a member of the Texas Legislature or as a statewide elected officer in the executive branch.