A Texas Republican lawmaker wants Gov. Greg Abbott to call a special legislative session and strip away some of the governor's emergency executive powers before Democrat Gina Hinojosa takes office. Rep. Brian Harrison has demanded the session specifically to limit what he calls unconstitutional authority, and he wants it done before the transition of power is complete.
Harrison, a Texas representative, has called on Abbott to convene a special session to restrict the emergency powers granted to the governor's office, according to FOX 4 News Dallas-Fort Worth. His proposal also includes prohibiting the governor from suspending or modifying statutes during a declared emergency, the station reports. Harrison has framed the governor's existing emergency executive authority as unconstitutional, pushing to lock in the change before Hinojosa is sworn in.
On November 3, Democrat Gina Hinojosa became governor-elect of Texas, unseating three-term Republican governor Abbott, per the same FOX 4 report. She is scheduled to be sworn in as the next governor on January 19, 2027, with the Texas Legislative Session beginning a week prior — the window Harrison is racing against with his push for a special session.
A Bill That Never Advanced
Harrison's effort isn't coming from nowhere. He has previously tried to pass legislation curbing the same powers, though sources disagree on exactly when. The Hill reports Harrison filed HB 911 in 2022 to combat what he called “never ending emergency powers,” while KXAN describes the same bill as a 2023 filing. The Houston Chronicle, which also refers to it as a 2023 bill, reports that HB 911 never advanced through the Legislature.
According to the Houston Chronicle's account of the bill, HB 911 would have required certain emergency orders to be narrowly tailored and to expire after 30 days unless the Legislature voted to extend them. The outlet also notes that a Texas special session itself can last no more than 30 days — a built-in limit that would shape how much Harrison's allies could accomplish if Abbott agreed to call one.
Democrats Flip the House, GOP Holds the Senate
The political backdrop gives Harrison's request added urgency. Texas Democrats took both the governorship and the state House in the recent election, while Republicans held onto the state Senate with an 18-12 majority, per KXAN's legislative preview. The Hill notes that Democrats' House win ended a 24-year run of Republican control over both chambers of the Legislature.
Hinojosa's win also carries historic weight beyond the power struggle over emergency authority. It marks the first time since 1995 that a Democrat will hold Texas's top office, and FOX 4 reports she is the first Latina to hold the position.
A Similar Fight Played Out in Georgia
Texas isn't the only state where this kind of pre-transition power grab has surfaced. In Georgia, Gov. Brian Kemp was asked to curtail executive branch powers before incoming Gov. Keisha Lance Bottoms took office, and he refused. “I will not be calling a special session of the Georgia General Assembly in order to curtail executive branch powers or debate redistricting changes,” Kemp said, according to FOX 5 Atlanta.
The broader question of how much authority governors should hold during emergencies isn't new, either. A National Governors Association assessment of laws in effect as of June 2017 found that 35 states explicitly permitted governors to suspend or amend both statutes and regulations during declared emergencies. That same report documents Abbott himself invoking suspension powers during the 2017 Hurricane Harvey response, authorizing the suspension of certain contracting and procurement statutes and rules for the duration of the disaster. The report also cites New York Gov. Andrew Cuomo's 2018 suspension of statutes to let pharmacists vaccinate children during a flu emergency, illustrating how broadly such powers have been used elsewhere.
Whether Abbott will heed Harrison's call remains an open question. The dossier evidence does not indicate that Abbott has called a special session or that any of Harrison's proposed restrictions have been enacted, leaving the fight over Hinojosa's incoming authority unresolved for now.
