| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to allowing the governor, and the lieutenant governor or |
|
|
another person when acting as governor, to retain executive |
|
|
authority while traveling within the contiguous 48 states of the |
|
|
continental United States so long as effective communication links |
|
|
with this state are maintained. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 401.022, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 401.022. DEFINITION. In this chapter, "unavailable" |
|
|
means, with respect to the governor or a person acting as governor |
|
|
under the Texas Constitution or this subchapter: |
|
|
(1) not able to exercise the powers and discharge the |
|
|
duties of the office of governor for any reason specified in the |
|
|
Texas Constitution; |
|
|
(2) being physically outside the territorial |
|
|
boundaries of the contiguous 48 states of the continental United |
|
|
States; |
|
|
(3) being physically outside this state and within the |
|
|
territorial boundaries of the contiguous 48 states of the |
|
|
continental United States for a period of more than 14 consecutive |
|
|
days; or |
|
|
(4) being physically outside this state while failing |
|
|
to maintain effective communication links with this state, without |
|
|
regard to whether the person remains within the territorial |
|
|
boundaries of the contiguous 48 states of the continental United |
|
|
States. |
|
|
SECTION 2. Section 401.025, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 401.025. EXCEPTION. The [president pro tempore of the
|
|
|
senate or] speaker of the house of representatives may act as |
|
|
governor under this subchapter only if the person holds that office |
|
|
when the governor and lieutenant governor first become unavailable. |
|
|
SECTION 3. This Act takes effect on the date that the |
|
|
constitutional amendment proposed by the 81st Legislature, Regular |
|
|
Session, 2009, providing that the governor, and the lieutenant |
|
|
governor when acting as governor, retain executive authority unless |
|
|
the person becomes unavailable as provided by law is officially |
|
|
declared to have been approved by the voters. If that amendment is |
|
|
not approved by the voters, this Act has no effect. |