Texas House Bill HJR65

Texas 2011 - 82nd Regular

• Out of House Committee: 3/15/11
• Introduced: 1/14/11
• Refer: 2/21/11
• Report Pass: 3/9/11

Caption

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

Impact

Should HJR65 pass, it would amend the Texas Constitution to delineate the circumstances under which the governor is considered unavailable. This change could foster a more stable leadership environment during times of crisis or transition by activating the lieutenant governor as acting governor without ambiguity regarding the situation. This amendment is intended to reinforce the authority of both governors in the event of temporary incapacitation due to absence, inability, or impeachment.

Summary

HJR65 proposes a significant constitutional amendment regarding the retention of executive authority by both the governor of Texas and the lieutenant governor. The bill aims to ensure that the governor remains in office unless specifically rendered unavailable as provided by law. This amendment seeks to clarify the processes involved when the governor is either temporarily or permanently unable to serve, thereby consolidating the line of succession and ensuring continuity of leadership within the state's executive branch.

Contention

While proponents of HJR65 argue that it provides necessary clarity and stability, critics might raise concerns about the implications of defining 'unavailable.' This could lead to debates over the interpretation of what constitutes unavailability and the desire to maintain a clear chain of command in the executive branch. Detractors may also highlight scenarios where the amendment could be misinterpreted or used inappropriately to disrupt the normal succession process, thus warranting close examination of this legislation during deliberations.