Texas 2011 - 82nd Regular

Texas House Bill HJR65

Filed
 
Out of House Committee
3/15/11  
Out of Senate Committee
 
Voted on by Senate
 
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 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.

Companion Bills

TX HB671

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.

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 HJR50

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

TX HJR84

Proposing a constitutional amendment authorizing the Kickapoo Traditional Tribe of Texas to conduct gaming by executing a gaming compact with this state; providing for occupational licensing under the compact; limiting certain taxes and fees.

TX SJR30

Proposing a constitutional amendment authorizing the Kickapoo Traditional Tribe of Texas to conduct gaming by executing a gaming compact with this state; providing for occupational licensing under the compact; limiting certain taxes and fees.

TX HJR148

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

TX SJR58

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

Similar Bills

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CA AB227

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NH CACR1

Relating to the governor. Providing that there be a lieutenant governor who shall assume the duties of the governor if the governor is incapacitated.

NH CACR1

Relating to the governor. Providing that there be a lieutenant governor who shall assume the duties of the governor if the governor is incapacitated.

HI HB1420

Proposing To Amend Sections Of Article V Of The Hawaii State Constitution.

CA SB181

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CA SCA6

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CT HB07223

An Act Concerning The Order Of Gubernatorial Succession Under Certain Permanent And Temporary Circumstances.