Cameron Miranda
The Texas Constitution states that only the state legislature has the power to suspend laws. However, the Texas Disaster Act of 1975 provides that the governor may suspend regulatory statutes in the event of a disaster. This has been a point of contention during the COVID-19 pandemic, with Texas Governor Greg Abbott issuing a series of executive orders, including requiring face coverings in public places and limiting restaurant capacity. The Texas Legislature has the power to pass laws and can also strip the governor of certain powers, as demonstrated in 1873 when they removed the governor's ability to unilaterally suspend laws.
| Characteristics | Values |
|---|---|
| Who can suspend laws in Texas? | Only the Texas Legislature can suspend laws in Texas |
| Who cannot suspend laws in Texas? | The executive, judiciary, or governor of Texas |
| What is the relevant legislation? | Article 1, Section 28 of the Texas Constitution |
| What is the wording of Article 1, Section 28? | "No power of suspending laws in this State shall be exercised except by the Legislature." |
| What is the history of Article 1, Section 28? | The provision was first introduced in the state's first constitution (1845) and has been amended several times since then, with the current wording being ratified in 1873 and made effective in 1874 |
| What is the Texas Disaster Act of 1975? | The Texas Disaster Act of 1975 provides that the governor "may suspend the provisions of any regulatory statute . . . if strict compliance with the provisions, orders, or rules would in any way prevent, hinder, or delay necessary action in coping with a disaster." |
| What is the conflict between the Texas Disaster Act and the Texas Constitution? | The Texas Disaster Act of 1975 appears to conflict with Article 1, Section 28 of the Texas Constitution, which grants the power to suspend laws solely to the legislature |
| What is an example of a governor attempting to suspend laws in Texas? | Governor E. J. Davis requested and received the power to declare counties under martial law and suspend laws therein until the legislature convened, which he used to address "election disorders" and other issues |
| What is the role of the lieutenant governor in the Texas Legislature? | The lieutenant governor is the second-highest elected official in Texas and is regarded as the most powerful person in the Texas Legislature as they oversee the Texas Senate and have wide discretion over committee assignments and procedural questions |
| How often does the Texas Legislature meet? | The Texas Legislature gathers every odd-numbered year for a regular legislative session lasting 140 days beginning in January, and the governor can call for special sessions outside of these regular sessions |
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What You'll Learn
The Texas Constitution and the Texas Disaster Act of 1975
Article 1, Section 28 of the Texas Constitution states that:
> No power of suspending laws in this State shall be exercised except by the Legislature.
This provision has been interpreted by Texas courts to mean that only the legislature has the right to suspend statutory laws. However, the Texas Disaster Act of 1975 appears to contradict this by providing the governor with the authority to:
> [...] suspend the provisions of any regulatory statute [...] if strict compliance with the provisions, orders, or rules would in any way prevent, hinder, or delay necessary action in coping with a disaster.
The Texas Disaster Act of 1975 renamed the Office of Defense and Disaster Relief to the Division of Disaster Emergency Services, established the governor's Disaster Emergency Services Council, and provided for greater integration of state and local civil-defense functions.
The Texas Constitution's Article 1, Section 28 exists to prevent the governor from attempting to unilaterally suspend laws without legislative authority. For example, in the early days of the COVID-19 pandemic, Texas Governor Greg Abbott issued a series of executive orders implementing various emergency measures, including requiring face coverings in public places, closing bars, and limiting the capacity of restaurants. The Texas Supreme Court Justice John Devine later hinted that he considered these suspensions of state law to be unconstitutional.
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The Governor's authority to suspend laws
Article 1, Section 28 of the Texas Constitution states that:
> No power of suspending laws in this State shall be exercised except by the Legislature.
Texas courts have long held that "only the legislature has the right to suspend statutory laws". However, the Texas Disaster Act of 1975 provides that the governor "may suspend the provisions of any regulatory statute [...] if strict compliance with the provisions, orders, or rules would in any way prevent, hinder, or delay necessary action in coping with a disaster".
During the COVID-19 pandemic, Texas Governor Greg Abbott issued a series of executive orders, including requiring face coverings in public places, closing bars, and limiting the capacity of restaurants. In a concurring opinion, Texas Supreme Court Justice John Devine stated that he believes it is unconstitutional for Governor Abbott to suspend state laws in his COVID-19 emergency orders, referring to Article 1, Section 28 of the Texas Constitution. Justice Devine's opinion does not carry the weight of precedent, but it does provide a basis for challenging the Governor's executive orders.
Article 1, Section 28 was amended in 1873 to prevent the Governor from unilaterally suspending laws without legislative authority. From 1845 through 1875, the section provided that:
> No power of suspending laws in this State shall be exercised, except by the Legislature, or its authority.
The last three words, "or its authority", became a source of difficulty when the Texas Governor began to overstep his bounds.
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The role of the Lieutenant Governor
The Lieutenant Governor of Texas is the second-highest executive office in the government of Texas, a state in the U.S. It is the second most powerful post in Texas government because its occupant controls the work of the Texas Senate and controls the budgeting process as a leader of the Legislative Budget Board. The Lieutenant Governor is also a member of the Legislative Redistricting Board, which is responsible for adopting a redistricting plan for the Texas House of Representatives, Texas Senate, or U.S. House of Representatives after the decennial census if the Legislature fails to do so.
Under the provisions of the Texas Constitution, the lieutenant governor is the president of the Texas Senate and, unlike with most other states' senates and the U.S. Senate, the lieutenant governor regularly presides over the chamber. By the rules of the Senate, the lieutenant governor establishes all special and standing committees, appoints all chairpersons and members, and assigns all Senate legislation to the committee of their choice. The lieutenant governor decides all questions of parliamentary procedure in the Senate and votes in the case of a tie.
The Lieutenant Governor of Texas is elected separately from the governor, making it possible for the two to be from different political parties. The lieutenant governor assumes the powers of the governor when the governor is out of the state, and becomes the governor if the elected governor resigns, dies, or is removed from office. The lieutenant governor must be at least thirty years old, a United States citizen, and a Texas resident for five years prior to the election.
In Texas, the state legislature, not the governor, has the power to suspend laws. Article 1, Section 28 of the Texas Constitution states that "No power of suspending laws in this State shall be exercised except by the Legislature." However, the Texas Disaster Act of 1975 provides that the governor "may suspend the provisions of any regulatory statute...if strict compliance with the provisions, orders, or rules would in any way prevent, hinder, or delay necessary action in coping with a disaster." This provision of the Disaster Act has been a source of difficulty in interpreting the Texas Constitution, which grants the power to suspend laws solely to the legislature.
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The process of passing a law
In Texas, the state legislature holds the power to suspend laws, as outlined in Article 1, Section 28 of the Texas Constitution, which states, "No power of suspending laws in this State shall be exercised except by the Legislature." This provision ensures that only the legislative branch has the authority to suspend statutory laws.
Now, let's delve into the process of passing a law in Texas:
Step 1: Introduction and Filing
The first step in the legislative process is the introduction and filing of a bill. Only an elected legislator can file a bill, and this typically occurs during the regular legislative session. Legislators can start filing bills on the first Monday after the general election preceding the next regular session. For instance, pre-filing for the 85th Regular Session (2017) began on November 14, 2016. Bills and joint resolutions must be introduced during the first 60 calendar days of the regular session.
Step 2: Lobbying and Debate
Once a bill is filed, lobbying efforts begin. Advocates and opponents of the bill engage in discussions, debates, and advocacy to influence its progress. This stage involves a significant amount of work behind the scenes, with various stakeholders trying to shape the bill's outcome.
Step 3: Committee Consideration
After surviving the initial introduction and lobbying stages, the bill is then assigned to a committee for further review and consideration. Committees play a crucial role in refining and amending the bill before it moves forward in the legislative process.
Step 4: Floor Debate and Voting
Following committee consideration, the bill is brought to the floor of the House of Representatives or the Senate for debate and voting. During this stage, legislators discuss the merits and potential impacts of the bill and may propose amendments. The bill must pass through both chambers of the Legislature, requiring a simple majority vote in each chamber for it to proceed.
Step 5: Enrolment and Transmission to the Governor
If the bill passes in both chambers, it is then enrolled and transmitted to the governor for consideration. The term "enrolled" refers to the process of finalizing the bill's language and format before sending it to the governor.
Step 6: Governor's Action
Upon receiving the enrolled bill, the governor has three options:
- Sign the bill: The governor can choose to sign the bill, officially enacting it into law.
- Allow it to become law without a signature: If the governor takes no action and does not veto the bill within a specified period (usually 10 days, excluding Sundays), it will become law without their signature.
- Veto the bill: The governor can veto the bill, effectively blocking it from becoming law. However, the Legislature can override the governor's veto with a two-thirds vote in each chamber, allowing the bill to become law despite the governor's objection.
It is important to note that the governor's power to suspend or delay certain regulatory statutes during a disaster, as outlined in the Texas Disaster Act of 1975, has been a subject of debate and legal interpretation, with some arguing that it may conflict with the Texas Constitution's provision granting suspension powers solely to the legislature.
Step 7: Effective Date
Even after a bill is signed into law, it does not take effect immediately. There is typically a waiting period of at least 90 days after the session ends before a new law comes into force, unless two-thirds of the legislature vote to allow it to become effective earlier.
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The Texas House of Representatives
The Speaker of the House of Representatives has duties as a presiding officer as well as administrative duties. The Speaker also serves as a co-chair of several committees, including the Committee on Audit and Revenue, Legislative Audit Advisory, and Legislative Budget. The Speaker also appoints representatives to other committees, such as the Committee on Committees and the Committee on Nominations.
In Texas, only the legislature has the right to suspend statutory laws. According to Article 1, Section 28 of the Texas Constitution, "No power of suspending laws in this State shall be exercised except by the Legislature." This provision has been a source of debate, particularly during the COVID-19 pandemic, when Governor Greg Abbott issued a series of executive orders implementing emergency measures. However, Texas courts and Supreme Court Justice John Devine have indicated that only the legislature has the authority to suspend laws.
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Frequently asked questions
Only the state legislature can suspend laws in Texas. Article 1, Section 28 of the Texas Constitution states: "No power of suspending laws in this State shall be exercised except by the Legislature."
No, the Governor of Texas cannot suspend laws. Texas courts have long held that "only the legislature has the right to suspend statutory laws." However, the Texas Disaster Act of 1975 provides that the governor "may suspend the provisions of any regulatory statute."
No, the Texas Legislature cannot delegate the authority to suspend laws to a municipal corporation or any other entity. According to Judge Cooley, the Legislature does not have the authority to "delegate authority to the city of Houston to suspend certain laws of Texas as to certain individuals in certain localities."
Yes, in the late 1870s, "Radical Republican" Governor E.J. Davis took several controversial actions under a militia law that allowed him to declare martial law and suspend laws in certain counties. In response, the Democrats stripped the governor of his special powers and amended the constitution to prevent unilateral suspension of laws by the governor.
