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