Texas 2013 - 83rd Regular

Texas House Bill HB829

Filed
 
Out of House Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the governor's executive authority while traveling outside of the state.

Impact

The amendments made by HB 829 also include a requirement for the governor or their designee to notify the next successor when they become unavailable, enhancing transparency and accountability within the executive branch. This is important for ensuring that there is a clear communication line regarding the governor's status and who is authorized to act on their behalf while they are absent from the state. The intention behind these changes is to maintain continuity in governance and to prevent any lapses in executive authority during travel.

Summary

House Bill 829 amends the Texas Government Code concerning the executive authority of the governor while traveling outside of the state. The bill introduces a definition of 'unavailable,' which includes several circumstances that prevent the governor from exercising their powers, such as being outside the contiguous United States, not relying on electronic communication, or being away for more than seven consecutive days. These definitions are critical in understanding when the governor's authority can be transferred to the next person in the line of succession.

Contention

While the bill was passed unanimously in the House, it raised some points of contention during discussions. Critics expressed concerns that the definition of unavailability could lead to ambiguity, especially regarding the reliance on electronic communications while outside of the state. Furthermore, requiring notification could be seen as an unnecessary burden on the governor's office, depending on how frequently the governor may travel. However, supporters argued that defining unavailability clearly is necessary to ensure that the public is always aware of who is in charge when the governor is not present.

Companion Bills

TX HJR71

Enabling for 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.

TX SB292

Identical Relating to the governor's executive authority while traveling outside of the state.

Similar Bills

CA SCA1

Elections: recall of state officers.

CA AB227

Governor: appointments.

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

Administrative Procedure Act: repeal of regulations.

CA SCA6

Elections: recall of state officers.

AZ SCR1024

Lieutenant governor; joint ticket

CT HB07223

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