| 1 | 1 | | 83R3788 JSA-F |
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| 2 | 2 | | By: Thompson of Harris H.B. No. 829 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the governor's executive authority while traveling |
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| 8 | 8 | | outside of the state. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 401.022, Government Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 401.022. DEFINITION. In this chapter, "unavailable" |
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| 13 | 13 | | means, with respect to the governor or a person authorized to act as |
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| 14 | 14 | | governor under the Texas Constitution or this subchapter: |
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| 15 | 15 | | (1) not able to exercise the powers and discharge the |
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| 16 | 16 | | duties of the office of governor for any reason specified in the |
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| 17 | 17 | | Texas Constitution; |
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| 18 | 18 | | (2) being physically located outside the territorial |
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| 19 | 19 | | boundaries of the contiguous 48 states of the continental United |
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| 20 | 20 | | States; |
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| 21 | 21 | | (3) being physically located outside the state but |
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| 22 | 22 | | inside the territorial boundaries of the contiguous 48 states of |
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| 23 | 23 | | the continental United States if the governor or person authorized |
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| 24 | 24 | | to act as governor gives notice under Section 401.0225 that the |
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| 25 | 25 | | governor or person authorized to act as governor will not rely on |
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| 26 | 26 | | electronic communication while absent from the state; or |
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| 27 | 27 | | (4) being physically located outside this state for |
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| 28 | 28 | | more than seven consecutive days. |
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| 29 | 29 | | SECTION 2. Subchapter B, Chapter 401, Government Code, is |
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| 30 | 30 | | amended by adding Section 401.0225 to read as follows: |
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| 31 | 31 | | Sec. 401.0225. NOTICE OF UNAVAILABILITY. The governor or a |
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| 32 | 32 | | person authorized to act as governor shall reasonably notify the |
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| 33 | 33 | | next person in the line of succession under the Texas Constitution |
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| 34 | 34 | | or this subchapter when the governor or person authorized to act as |
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| 35 | 35 | | governor will become unavailable as described by Section |
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| 36 | 36 | | 401.022(2), (3), or (4). |
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| 37 | 37 | | SECTION 3. Section 401.025, Government Code, is amended to |
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| 38 | 38 | | read as follows: |
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| 39 | 39 | | Sec. 401.025. EXCEPTION. The [president pro tempore of the |
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| 40 | 40 | | senate or] speaker of the house of representatives may act as |
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| 41 | 41 | | governor under this subchapter only if the person holds that office |
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| 42 | 42 | | when the governor and lieutenant governor first become unavailable. |
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| 43 | 43 | | SECTION 4. This Act takes effect on the date on which the |
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| 44 | 44 | | constitutional amendment proposed by the 83rd Legislature, Regular |
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| 45 | 45 | | Session, 2013, providing that the governor, and the lieutenant |
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| 46 | 46 | | governor when acting as governor, retain executive authority unless |
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| 47 | 47 | | unavailable as provided by law is approved by the voters. If that |
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| 48 | 48 | | amendment is not approved by the voters, this Act has no effect. |
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