Texas state Rep. Brian Harrison, a Republican, has publicly urged outgoing Gov. Greg Abbott to convene a special legislative session to limit the governor's executive emergency powers before Democratic Gov.-elect Gina Hinojosa assumes office. The call for action follows Hinojosa's victory in the 2026 gubernatorial race, which marked the first time a Latina has been elected governor of Texas and resulted in Democrats flipping the seat after Abbott's loss.
Harrison stated on social media platform X that while Republicans lost the election, they retain control of the state government for approximately ten weeks until the new administration is sworn in. He argued that this window should be used to restore separation of powers and restrict the authority Hinojosa will inherit. Harrison emphasized that his push is not partisan but rather a constitutional concern regarding the scope of executive authority in Texas.
What the Left Is Saying
Democratic leaders and incoming Governor-elect Gina Hinojosa have framed the issue around their campaign promises to address cost-of-living concerns. During the campaign, Hinojosa pledged to declare a "high-cost emergency" upon taking office. According to the Texas Tribune, this designation would allow her to introduce executive orders aimed at halting state gas and diesel taxes and freezing residential electricity rates. Hinojosa stated on X that her administration will "lead with a politics of courage, not convenience," signaling an intent to use available executive tools to enact policy changes quickly.
Additionally, Democratic victories in other statewide races, including James Talarico's defeat of Republican Attorney General Ken Paxton in the U.S. Senate race, have energized the party's base. Some Democratic observers view the Republican attempt to limit emergency powers as an effort to undermine the incoming administration's mandate and restrict the tools available to address immediate economic pressures on Texas residents.
What the Right Is Saying
Rep. Brian Harrison argued in a statement that Texas governors currently possess what he described as "unchecked" emergency powers, allowing them to "write, edit, or change any statute on a whim" if a state of emergency is declared. Harrison stated that if these powers are not revoked, Hinojosa will "inherit nearly all the powers of a dictator," which he characterized as unconstitutional. He referenced his previous legislative efforts, including HB911 filed in December 2022, to restrict "never ending emergency powers," noting that he had demanded similar limits when Abbott was first re-elected.
Harrison noted that his current push has drawn criticism from political opponents, stating he did not recall the same level of opposition when he filed similar legislation years ago. Meanwhile, President Donald Trump commented on Abbott's loss on Truth Social, attributing it to Abbott becoming a "RINO" (Republican In Name Only) in the final months of his political life. Senator Ted Cruz also acknowledged the shift in Texas politics, stating he had warned of the potential loss and expressing regret over the outcome.
What the Numbers Show
Under Section 433.002 of the Texas Government Code, the governor has the authority to issue emergency directives and modify or rescind them during a declared state of emergency, subject to specific statutory requirements. The Texas Disaster Act of 1975 grants the governor the power to declare a state of disaster and suspend certain regulatory requirements. However, these declarations must be renewed after 30 days and can be terminated by the Legislature at any time. Abbott's office confirmed that the governor also retains the power to sign or veto bills, serve as commander-in-chief of state military forces, and convene special legislative sessions for specific purposes.
The election results on Tuesday confirmed a shift in state leadership, with Hinojosa defeating Abbott. The timeline for the transition involves approximately ten weeks of overlap between the current Republican-controlled state apparatus and the incoming Democratic administration. Harrison's proposed legislation, HB911, was originally filed in 2022, indicating a long-standing Republican interest in curbing these specific executive authorities.
The Bottom Line
The conflict highlights a growing tension over the scope of executive power in Texas, with Republicans seeking to constrain the incoming Democratic governor's ability to act unilaterally during emergencies. Outgoing Governor Abbott stated on Tuesday that he had informed Hinojosa he would assist her team during the transition period. The coming weeks will determine whether the Texas Legislature convenes a special session to alter the legal framework governing emergency powers before Hinojosa takes office. Readers should watch for official announcements from Abbott's office regarding a special session call and any legislative responses to Harrison's proposal.