Texas 2013 - 83rd Regular

Texas House Bill HJR71

Filed
 
Out of House 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

The changes introduced by HJR71 would amend Sections 16 and 17 of Article IV of the Texas Constitution. If passed, the amendment will establish clearer definitions regarding when the governor or lieutenant governor is considered unavailable. Furthermore, it adds a layer of legal insulation for these positions, ensuring their powers are not stripped away during instances of temporary disability or absence, thereby promoting stability in the state leadership structure.

Summary

HJR71 proposes a constitutional amendment to clarify that the governor, and the lieutenant governor when acting as governor, retain executive authority unless explicitly stated as unavailable by law. This amendment aims to ensure that the highest executive roles in the state maintain their authority during times of temporary inability, disqualification, or absence from the state. The resolution aims to provide continuity in governance and reduce ambiguity concerning executive powers during transitional periods.

Contention

While HJR71 seeks to solidify executive authority for the governor and lieutenant governor, potential points of contention may arise regarding the interpretation of 'unavailability.' Some legislators may express concerns that the definition might lead to a situation where governors could remain in power even during prolonged absences, which could be seen as undermining democratic accountability. Additionally, discussions surrounding the checks and balances of executive power may lead to debates on the appropriate conditions under which executive authority should transition to the lieutenant governor.

Companion Bills

TX HB829

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

TX SJR22

Identical 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.

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

Elections: recall of state officers.

CT HB07223

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