A Texas Republican who held onto his seat in Tuesday’s election is urging Gov. Greg Abbott to limit the governor’s emergency powers before Democrats take office in January.
Abbott lost the race for governor to state Rep. Gina Hinojosa, who won 52.8% of the vote to his 45.7%. Hinojosa, a Democrat, has supported taxpayer-funded health care for undocumented immigrants and sanctuary cities, and voted against restrictions on gender-transition surgeries for minors.
In her victory speech, Hinojosa said voters had demanded change and promised they would get it. During the campaign, she also said she planned to declare a high-cost emergency shortly after taking office, suspend the state’s gas and diesel taxes, and freeze electricity rates.
Hinojosa will take office with Democrats controlling the Texas House, the lieutenant governor’s office and the attorney general’s office. Republicans will keep their majority in the state Senate.
State Rep. Brian Harrison, a Republican, is concerned Hinojosa could use emergency powers in ways that go beyond the tax and utility measures she has proposed. On Wednesday, he asked Abbott to call a special legislative session to curb those powers before the change in leadership.
Harrison argued that Republicans still control the state government and should use the remaining time to protect Texans from what he described as the prospect of near-total Democratic control. He also warned that Texas law could give the governor broad authority to change, suspend or create laws during an emergency, including criminal laws.
Harrison has a bill drafted that would prevent the governor from suspending or altering statutes. It would also require lawmakers to approve emergency orders within 30 days, prevent officials from reissuing orders that had expired or been rejected, and allow courts to review such orders more quickly.
The proposal would further require emergency measures that limit individual rights to be narrowly tailored to a compelling public health or safety goal, and limited in duration and scope.
Harrison said Abbott had previously declined his requests for special sessions on conservative priorities, but argued that the circumstances now demanded swift action. He said Hinojosa’s proposed use of emergency powers could disrupt Texas’s oil and gas industry, and urged voters to help press for a response.
Harrison also pointed to Hinojosa’s past criticism of Abbott’s use of emergency powers. He said she had called for limits on those powers and should be asked to apply that position consistently.
Republican Rep. Chip Roy voiced support for Harrison’s proposal. Brendon Leslie, founder of Florida’s Voice, also backed the idea, saying Abbott should act if he cares about his legacy.
