State Rep. Brian Harrison, a Republican from Harris County, is urging outgoing Gov. Greg Abbott to act quickly before Democrat Gov.-elect Gina Hinojosa assumes office. Harrison posted on X that the current Texas Disaster Act of 1975 gives a governor the ability to issue emergency orders that “carry the force and effect of law” and to suspend state statutes, a power he says could be used to “destroy liberty in Texas by executive fiat.”
Proposed Legislative Check on Emergency Authority
Harrison’s proposal would require the Legislature to vote on any extension of a disaster declaration beyond the initial 30‑day period. He points to House Bill 911, a measure he filed in late 2022 that died in committee, which sought to bar governors from indefinitely renewing emergency orders, prevent the suspension of statutes, and impose strict judicial review on mandates that affect individual liberties.
The Rep. argues that without such a check, the incoming governor could have “the powers of a dictator,” a claim he frames as a matter of protecting constitutional liberty rather than partisan politics. While he acknowledges the urgency of the issue, Harrison says his effort is not about party but about ensuring no governor, regardless of affiliation, holds unchecked power.
Governor‑Elect Hinojosa’s Response
At her first post‑election press conference in Austin, Gov.-elect Hinojosa did not directly address Harrison’s alarm but emphasized respect for the ballot and a hope for bipartisan cooperation. She noted that Texans voted for change and urged both parties to work together rather than erecting “roadblocks” to her administration.
Legal Context of the Disaster Act
The Texas Disaster Act of 1975, codified in Chapter 418 of the Texas Government Code, grants the governor sweeping authority during declared emergencies. When a disaster is declared, the governor’s proclamations and executive orders become law instantly, and the governor may suspend state regulations and statutes deemed obstructive to emergency response. Although a single disaster declaration expires after 30 days, the law allows the governor to renew it indefinitely with a simple signature.
Practical Challenges to the Proposal
Even if Abbott were to call a special legislative session, the political landscape makes Harrison’s plan uncertain. Only the outgoing governor can convene such a session and set its agenda, and Abbott has not indicated any interest in pursuing the issue. Moreover, the 2024 elections resulted in a split Legislature: Republicans retained control of the Senate, but Democrats won the statewide executive offices and flipped the House. Should Abbott call a session, House Democrats could deny a quorum by staying away, a tactic historically used in Texas.
Given the divided government, any effort to overhaul the disaster powers before the inauguration faces steep odds. Nonetheless, Harrison’s push highlights a broader debate in Texas about the balance between swift emergency response and the protection of individual freedoms.
What’s at Stake
For Texas residents, the outcome of this debate could affect how future natural disasters, public health crises, or other emergencies are managed. Supporters of the current law argue it enables rapid, decisive action when time is critical. Critics, like Harrison, contend that without legislative oversight, such authority can be misused, potentially infringing on constitutional rights.
The discussion is expected to continue into the new administration’s term, with both parties watching closely how emergency powers are exercised and whether legislative reforms will be pursued.
Original reporting: Tampa Free Press — read the source article.
