Brian Harrison Urges Abbott to Restrict Emergency Powers Before Hinojosa Takes Office

Texas Representative Brian Harrison (R) is demanding that Gov. Greg Abbott (R) call an immediate special legislative session to restrict gubernatorial emergency powers before Democratic Gov.-elect Gina Hinojosa takes office, following historic Democratic victories in the midterm elections.

In a statement released after the election, Harrison argued Republicans still control Texas government for approximately 10 more weeks and should use that time to limit the authority Hinojosa will inherit.

"Republicans lost last night, but Democrats were not sworn in," wrote Harrison. "We still have total power in Texas, and we must act like it."

Harrison urged Abbott to support legislation similar to House Bill 911, which he filed in 2022. The proposal would prohibit the governor from suspending or modifying statutes, require emergency orders to expire after 30 days without legislative ratification, and prevent the reissuance of orders rejected by lawmakers or allowed to expire.

The bill would also require emergency orders to be narrowly tailored and subject them to expedited judicial review.

Harrison has argued that broad emergency powers threaten the separation of powers regardless of which political party controls the governor's office. He reiterated that position while framing Hinojosa's incoming administration as an urgent reason for action.

"Without action, Governor Hinojosa will inherit the powers of a DICTATOR," wrote Harrison.

Harrison further claimed Texas emergency laws could allow a governor to modify, ignore, or create laws, including criminal laws, through executive action. Those statements reflect Harrison's characterization of the state's emergency powers, rather than an established legal determination.

In a letter to Abbott, Harrison said the governor still has the authority to call lawmakers back and demanded action before transition. He also encouraged Texas Republicans to join his request.

Abbott has not responded to the request.