A Republican lawmaker in Texas is pressing outgoing Governor Greg Abbott to call lawmakers back for a special session to curb the governor's emergency powers before Democrat Gina Hinojosa takes office in January 2027. State Representative Brian Harrison says Republicans still hold total power in Texas for ten more weeks and should use that time to rein in powers he says would let the incoming governor rule by executive order.

Hinojosa defeated Abbott on 3 November, ending more than three decades of Republican control of the governor's office. She will be the first Latina to serve as Texas governor and the first Democrat to hold the office since Ann Richards left it in 1995. Democrats also swept other statewide races on the night, including the US Senate contest.

Harrison set out his demand in a formal letter to Abbott on 4 November, a day after the election, and in a lengthy statement on X. "Republicans lost last night, but Democrats were not sworn in," he wrote. "We still have total power in Texas, and we must act like it by using the remaining ten weeks to restore separation of powers and limit the emergency powers that Governor-Elect Hinojosa is set to inherit, that would allow her to destroy liberty in Texas by executive fiat."

What Harrison wants changed

Harrison wants the legislature to pass measures such as HB911, a bill he filed in December 2022 that would restrict what he calls the governor's "never ending emergency powers". The bill did not become law. Its provisions would restrict the governor's authority to suspend or change statutes, require legislative approval for disaster declarations to continue beyond 30 days, stop governors reissuing similar declarations that lawmakers ended or declined to renew, require emergency orders affecting individual rights to be narrowly tailored, and provide faster court review of challenged orders.

Under Texas law, the governor can declare a state of disaster and issue emergency orders with the force of law, including suspending some regulatory requirements. Section 433.002 of the Texas Government Code allows the governor to issue emergency directives and to amend, modify or rescind them during a declared emergency. Under the Texas Disaster Act of 1975, disaster declarations must be renewed after 30 days and can be ended by the legislature at any time.

Harrison told Fox News Digital that Texas should have reined in the powers when he first demanded it in 2022. "If these are not revoked, Gina Hinojosa will assume not just the powers our state constitution bestows upon a Governor, but will, in effect, inherit nearly all the powers of a dictator," he said. He argues the issue is one of principle, not party, and notes he challenged the same powers while Abbott, a fellow Republican, was governor.

Why Hinojosa's plans matter to the row

During the campaign, Hinojosa pledged to declare a "high-cost emergency" in Texas and to use executive orders to halt the state's gas and diesel taxes and to freeze residential electricity rates, the Texas Tribune reported. Harrison says those pledges show she intends to use emergency powers from day one. Hinojosa has said her administration will "lead with a politics of courage, not convenience".

Harrison has also launched a petition calling on Abbott to convene the special session. Only the governor can call a special session and set its agenda, and any bill would still need to pass both chambers; for a law to take effect immediately before the transition, Texas generally requires a two-thirds vote in each chamber.

What happens next

Abbott's office and Hinojosa's campaign did not respond to Fox News Digital's request for comment. Abbott has conceded the race and told supporters he would assist Hinojosa and her team through the transition. President Donald Trump blamed the defeat on Abbott, calling him a "RINO" — Republican in name only — in a social media post.

Critics of Harrison's move argue that changing the rules immediately after an opposition victory risks looking like an attempt to constrain the incoming administration. Supporters say the limits should apply whoever holds the office. Whether Abbott calls the session — and whether lawmakers would back the restrictions — remains uncertain, with ten weeks left before Hinojosa takes office on 19 January 2027.