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.
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.
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.
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.