Texas State Rep Calls for Emergency Session Put Guardrails on Executive Branch Before Dems Seize Power
A Texas Republican is hoping to clip the wings of Democratic Gov.-elect Gina Hinojosa, but the idea is unlikely to fly.
“I call on Gov. Abbott to IMMEDIATELY convene a special session to REIN IN EXECUTIVE EMERGENCY POWERS… before Gina Hinojosa is sworn in!” Republican Texas state Rep. Brian Harrison wrote on X.
As noted by USA Today, under the Texas Disaster Act of 1975, the governor has broad authority during a declared disaster to issue executive orders that have the force of law and suspend regulations.
In his post, Harrison said state legislators should “restore separation of powers and limit the emergency powers that Governor-Elect Hinojosa is set to inherit, which would allow her to destroy liberty in Texas by executive fiat.”
“I’ve warned since I was first elected that NO governor, Republican or Democrat, should have unchecked emergency powers! Now that Texas has elected a Democrat Governor, the urgency is undeniable… and inaction is intolerable,” he wrote.
🚨 I call on Gov. Abbott to IMMEDIATELY convene a special session to REIN IN EXECUTIVE EMERGENCY POWERS… before Gina Hinojosa is sworn in!
Republicans lost last night, but Democrats were not sworn in.
We still have total power in Texas, and we must act like it by using the remaining ten weeks to restore separation of powers and limit the emergency powers that Governor-Elect Hinojosa is set to inherit, which would allow her to destroy liberty in Texas by executive fiat.
I’ve warned since I was first elected that NO governor, Republican or Democrat, should have unchecked emergency powers!
Now that Texas has elected a Democrat Governor, the urgency is undeniable… and inaction is intolerable.
Without action, Governor Hinojosa will inherit the powers of a DICTATOR.
Due to the absurd (and almost certainly unconstitutional) Texas emergency powers laws, Gov. Hinojosa will literally have the power to modify laws, ignore laws, or create and enforce laws – including criminal laws – on a whim!
Today is a day for ACTION, and bold leadership.
The Texas Legislature must immediately pass, and Governor Abbott must sign, legislation like HB911, which I filed in 2022 and warned at the time, that “Never ending emergency powers are antithetical to representative government and render people powerless. Legislative bodies allowing a single executive branch official to both write and enforce laws is the biggest threat to our constitutional system of divided government and should be opposed irrespective of which political party runs the executive branch.”
My legislation would protect liberty from executive fiat by, among other things, taking the following actions:
1. Prohibit the Governor from suspending or modifying statutes
2. Sunset emergency orders in 30 days if the legislature does not ratify the order
3. Prohibit the governor from reissuing emergency orders that expired or the legislature rejected
4. Require emergency orders to be narrowly tailored
5. Subject emergency orders to expedited judicial review
We have TEN WEEKS LEFT to protect Texas from near total Democrat rule.
I encourage every elected Republican in Texas to join my demand for Gov. Abbott to call a special session.
The future of liberty in America is literally on the line in Texas, and Texans deserve leadership that acts accordingly.
@GregAbbott_TX
— Brian Harrison (@brianeharrison) November 4, 2026
“Without action, Governor Hinojosa will inherit the powers of a DICTATOR. Due to the absurd (and almost certainly unconstitutional) Texas emergency powers laws, Gov. Hinojosa will literally have the power to modify laws, ignore laws, or create and enforce laws — including criminal laws — on a whim!” he wrote.
Harrison noted that he filed a bill in 2022 to curb a governor’s emergency powers.
“My legislation would protect liberty from executive fiat by, among other things, taking the following actions: 1. Prohibit the Governor from suspending or modifying statutes 2. Sunset emergency orders in 30 days if the legislature does not ratify the order 3. Prohibit the governor from reissuing emergency orders that expired or the legislature rejected 4. Require emergency orders to be narrowly tailored 5. Subject emergency orders to expedited judicial review,” he wrote.
“The future of liberty in America is literally on the line in Texas, and Texans deserve leadership that acts accordingly,” he wrote.
A report in the Houston Chronicle noted that Texas House Democrats, who have in the past refused to show up rather than allow legislation they do not like to pass, could easily block any attempt to do what Harrison wants.
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“Democrats are pretty good at breaking quorum,” Dade Phelan, a former Texas House speaker, said. “I could see them, no problem, breaking the quorum and running out the clock between now and Christmas.”
Democratic state Rep. Donna Howard said it would be “challenging to support doing something like that in light of the mandate of this election.”
“I think it would be hard to ask incumbent Republicans who have lost their jobs to come into a special session. And certainly, I think Democrats would consider whatever options we might have to not participate in something like that,” she said.
Harrison, who first proposed limiting emergency powers four years ago, said the move is about more than politics.
“I have been not only the loudest voice to end these unconstitutional emergency powers but I’ve been completely consistent for many years,” he said. “Neither party, no governor of any party, should be able to wield that type of unconstitutional executive power.”
Harrison said he has received no response from outgoing Texas Republican Gov. Greg Abbott.
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