Emergency Power Was Too Big Last Week Too
A push to curb Texas governor emergency powers before Hinojosa takes office. The power was too big before Tuesday. Fix it for every governor.
By Ryan Nichols
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Emergency power was too big last week too. Nobody in Austin had to wait for a new governor to see it. Fix the rule for every governor, or admit it was never about the rule.
Plain English summary
A Republican state representative, Brian Harrison, has asked Gov. Greg Abbott to call a special session before Gov.-elect Gina Hinojosa takes office. His goal is to cut back the emergency powers the Texas governor holds during a declared disaster. That includes the power to suspend state laws. (DOCUMENTED INFERENCE, per FOX 4 reporting, Nov. 4, 2026.)
Abbott has not announced a special session. (DOCUMENTED INFERENCE, per KPRC reporting, Nov. 5, 2026.)
The question is not whether the power is too big. The question is why it only became urgent this week.
Why it matters
The Texas disaster law gives one person a lot of reach. Under Texas Government Code 418.016(a), "The governor may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business" or the orders or rules of a state agency, if following them would hinder disaster response. (FACT.)
Under 418.014(c), "A state of disaster may not continue for more than 30 days unless renewed by the governor." (FACT.) The text I could verify, last checked May 2025, puts no cap on how many times the governor can renew it. (FACT.) Any change from the 2025 session NEEDS AUTHENTICATION.
The same subsection says, "The legislature by law may terminate a state of disaster at any time." (FACT.) That check only works when the Legislature is in session and has the votes.
That is the whole machine. It does not care whose name is on the door.
The receipt
- Harrison called on Abbott to convene a special session "to make sure that Gina Hinojosa does not inherit" what he called "what are effectively all the powers of a dictator in the state of Texas." (DOCUMENTED INFERENCE, quoted by FOX 4.)
- His call includes barring the governor from suspending or modifying statutes. (DOCUMENTED INFERENCE, FOX 4.)
- FOX 4 reported that Harrison earlier authored a bill to limit these powers that did not move forward. The article quotes its text: "Never-ending emergency powers are antithetical to representative government." (DOCUMENTED INFERENCE. Bill number NEEDS AUTHENTICATION.)
- Attorney General-elect Nathan Johnson called the move "irresponsible." (DOCUMENTED INFERENCE, FOX 4.)
- Quorum Report editor Scott Braddock told KPRC a special session aimed at Hinojosa is "highly unlikely," in part because Democrats could break quorum. (DOCUMENTED INFERENCE, KPRC.)
- Lawmakers have filed bills before to put the Legislature in the loop on long disasters. In 2023, SB 99 was filed to require legislative approval before a disaster declaration could be renewed past 90 days. (FACT, bill text on capitol.texas.gov.) Whether any of these bills passed NEEDS AUTHENTICATION. The verified 418.014 text shows no such limit. (FACT.)
- Hinojosa is set to be sworn in January 19, 2027. The 90th Legislature convenes January 12. Bill prefiling opens Monday, November 9. (DOCUMENTED INFERENCE, FOX 4 and KPRC.)
What Ryan says
I agree with the idea. I do not agree with the timing.
If a governor can suspend the law with a pen, that is too much power. It was too much power when our side held the pen. It is too much power now. It will be too much power in 2031.
You do not get to discover a principle the week you lose.
Same office. Same statute. Same rule.
The Legislature had the chance to fix this. Bills were filed. The statute text I can verify still lets one person renew a disaster every 30 days with no end date. That is the record. If Austin changed it quietly, show me the bill.
Here is what I want to see. File the bill in prefiling. Put a hard cap on renewals. Require a vote of the people's representatives to go past it. Make it take effect for every governor, no matter the party.
Do it in the open, in the regular session, with your name on it.
If it is a good rule, it is a good rule in January. It does not need a midnight special session to be true.
And to my Democrat neighbors: if you complained about these powers before, do not go quiet now that your side is about to hold them. A check on power is not a partisan weapon. It is a lock on the door. You want that lock no matter who moves in.
What this does not prove
It does not prove Hinojosa plans to abuse emergency powers. Nothing in the record says that.
It does not prove Abbott will call a special session. He has not said he will.
It does not prove what happened to every past bill on this issue. That still needs authentication from the Legislature's bill history.
What it does prove
The power is real. It is in the statute. The verified 30-day renewal text has no ceiling. The governor can suspend state procedure laws during a disaster.
And it proves the urgency to fix it showed up right after an election, not before.
The bottom line
Fix the emergency powers law. Fix it for everybody. Fix it in daylight.
If you only want limits on the other team, you do not want limits. You want the keys.
Release the bill. Show me the vote. The record does not lie.
Do not threaten anyone. Do not harass anyone. Do not contact anyone in my name. Read it. Share it. Send receipts, evidence, witnesses. Put eyes on the record.
You made it to the end
Most people quit at the headline. You didn’t.
So don’t stop here. Pick one.
Read the book
Fighting Shadows is the whole story in my own words: the road into January 6, the D.C. jail, and the fight to get the record out.See the book
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