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A BILL TO BE ENTITLED
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AN ACT
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relating to allowing the governor, and the lieutenant governor or |
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another person when acting as governor, to retain executive |
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authority while traveling within the contiguous 48 states of the |
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continental United States. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 401.022, Government Code, is amended to |
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read as follows: |
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Sec. 401.022. DEFINITION. In this chapter, "unavailable" |
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means, with respect to the governor or a person authorized to act as |
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governor under the Texas Constitution or this subchapter: |
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(1) not able to exercise the powers and discharge the
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duties of the office of governor for any reason specified in the |
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Texas Constitution; |
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(2) being physically located outside the territorial |
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boundaries of the contiguous 48 states of the continental United |
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States; |
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(3) being physically located outside the state but |
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inside the territorial boundaries of the contiguous 48 states of |
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the continental United States if the governor or person authorized |
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to act as governor gives notice that the governor or person |
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authorized to act as governor will not rely on electronic |
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communication while absent from the state; or |
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(4) being physically located outside this state for |
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more than 14 consecutive days.
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SECTION 2. Subchapter B, Chapter 401, Government Code, is |
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amended by adding Section 401.0225 to read as follows: |
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Sec. 401.0225. NOTICE OF UNAVAILABILITY. The governor or a |
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person authorized to act as governor shall reasonably notify the |
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next person in the line of succession under the Texas Constitution |
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or this subchapter when the governor or person authorized to act as |
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governor will become unavailable as described by Section |
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401.022(2), (3), or (4). |
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SECTION 3. Section 401.025, Government Code, is amended to |
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read as follows: |
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Sec. 401.025. EXCEPTION. The [president pro tempore of the |
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senate or] speaker of the house of representatives may act as
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governor under this subchapter only if the person holds that office |
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when the governor and lieutenant governor first become unavailable. |
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SECTION 4. This Act takes effect on the date on which the |
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constitutional amendment proposed by the 82nd Legislature, Regular |
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Session, 2011, providing that the governor, and the lieutenant |
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governor when acting as governor, retain executive authority unless |
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unavailable as provided by law is approved by the voters. If that |
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amendment is not approved by the voters, this Act has no effect. |