CHAPTER 401. GOVERNOR AND LIEUTENANT GOVERNOR
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE A. EXECUTIVE OFFICERS
CHAPTER 401. GOVERNOR AND LIEUTENANT GOVERNOR
SUBCHAPTER A. INAUGURATION
Sec. 401.001. INAUGURAL COMMITTEE. (a) Not later than the 10th
day after the date of each election for governor and lieutenant
governor, the secretary of state shall issue a proclamation
stating who, in the secretary of state's opinion based on the
best information then available, are the governor-elect and
lieutenant governor-elect. The secretary of state shall promptly
deliver certified copies of the proclamation to the individuals
named in the proclamation.
(b) As soon as possible after receiving notice of the
proclamation, the governor-elect and lieutenant governor-elect
shall each file with the secretary of state a signed instrument.
The governor-elect shall designate in that instrument one
individual to serve as chairman of the inaugural committee and
one individual to serve as a cochairman of the committee. The
lieutenant governor-elect shall designate in that instrument one
individual to serve as a cochairman of the committee. The
governor-elect and lieutenant governor-elect may appoint by
written instrument filed with the secretary of state other
members to the inaugural committee as they consider necessary. An
individual who holds a position of profit under this state or the
United States is ineligible for appointment to the committee.
(c) If after issuing a proclamation under this section the
secretary of state becomes aware of information that indicates
that the previous designation of governor-elect or lieutenant
governor-elect was incorrect, the secretary of state shall issue
a corrected proclamation and deliver certified copies of it to
the previous designee, the new designee, and each member of the
inaugural committee appointed by the previous designee. Issuance
of a corrected proclamation terminates the membership on the
inaugural committee of appointees of the previous designee but
does not affect an action taken by the committee before the
proclamation was issued. As soon as possible after the new
designee receives notice of designation as governor-elect or
lieutenant governor-elect, the designee shall make the
appropriate appointments under this section.
(d) A vacancy on the committee is filled by appointment by the
original appointing authority according to the procedure
applicable to original appointments.
(e) Designation of an individual as governor-elect or lieutenant
governor-elect under this section has no legal effect except for
purposes of this subchapter.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 401.002. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEE.
(a) As soon as possible after the members of the committee have
been appointed, they shall convene at a time and place designated
by the individual appointed chairman, take the constitutional
oath of office, and hold an organizational meeting.
(b) The committee may hold subsequent meetings at times it
determines or on the call of the chairman. The chairman presides
at meetings. If the chairman is absent, one of the cochairmen
presides.
(c) The committee may adopt rules to govern its proceedings.
(d) A member of the committee serves without compensation but
may be reimbursed for actual and necessary expenses incurred in
the performance of committee duties as provided by legislative
appropriation.
(e) The committee shall make arrangements necessary for
conducting ceremonies and events to observe the inauguration of
the governor and lieutenant governor. The committee may employ
staff or engage the services of consultants to assist in its
work.
(f) The committee may request the cooperation of an agency or
official of state or local government. The agency or official
shall cooperate with the committee to the extent possible.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 401.003. INAUGURAL FUND. (a) The inaugural fund is a
special fund in the state treasury. Money in the inaugural fund
may be appropriated only for expenditures authorized by this
chapter.
(b) The comptroller shall credit to the inaugural fund a pro
rata share of the interest received from the deposit of state
funds as if the inaugural fund were a constitutional fund.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.06, eff. Sept.
1, 1997.
Sec. 401.004. INAUGURAL CONTRIBUTIONS. (a) A person may
contribute funds, services, or other things of value to pay the
expenses of or otherwise provide for an inauguration. This
contribution is not a political contribution for purposes of
state law regulating political contributions or prohibiting a
contribution by a corporation or labor organization.
(b) A contribution may be made to the inaugural committee or the
secretary of state. If the secretary of state receives a
contribution while the inaugural committee exists, the secretary
of state shall deliver the contribution to the committee. If the
secretary of state receives a contribution at any other time, the
secretary of state shall transmit the contribution to the
comptroller, who shall deposit it in the state treasury to the
credit of the inaugural fund.
(c) On receipt of a contribution, the secretary of state shall
execute duplicate copies of a receipt, give one copy to the
contributor, and retain the other. The receipt must show:
(1) the name and mailing address of the contributor;
(2) the amount of the contribution;
(3) the date of the contribution; and
(4) that the contribution was received to pay inaugural
expenses.
(d) The secretary of state shall keep the receipt on file in the
office of the secretary of state for at least four years and
shall maintain an index of the receipts, arranged alphabetically
by contributor, showing the date of the contribution, the name
and mailing address of the contributor, and the amount of each
contribution. The index and receipts are public information.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.07, eff. Sept.
1, 1997.
Sec. 401.005. EXPENDITURES. (a) Subject to any conditions
attached to a particular appropriation, money appropriated from
the inaugural fund may be expended for:
(1) printing;
(2) the employment of staff;
(3) the lease of office space and payment of utility expenses;
(4) professional and consultant fees;
(5) postage, telephone, and telegraph expenses;
(6) payment of expenses incurred by committee members; and
(7) any other public purpose reasonably related to conducting
inaugural ceremonies and related events, including expenses of
raising funds.
(b) Contributions received by the committee and not deposited in
the state treasury may be expended for any purpose the committee
considers appropriate.
(c) A voucher for an expenditure from the inaugural fund must be
approved in writing by the chairman.
(d) Chapters 2155-2158 do not apply to the committee.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.193, eff. Sept.
1, 1997.
Sec. 401.006. COMPETITIVE BIDDING. The committee may not make a
contract covered by the competitive bidding requirements of
Article XVI, Section 21, of the Texas Constitution unless before
awarding the contract the committee obtains at least three bids.
The committee shall award the contract to the lowest bidder who
in the opinion of the committee is most responsible and is best
able to fulfill the terms of the contract. The committee may
reject all bids if none in the opinion of the committee is
responsible and able to fulfill the terms of the contract at a
reasonable price.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 401.007. RECORDS OF EXPENDITURES. In addition to
maintaining records required by law with regard to the
expenditure of appropriated funds, the committee shall maintain a
record of each expenditure of nonappropriated funds. The record
must contain the following information about each expenditure:
(1) the name and address of the entity to whom the expenditure
was paid;
(2) the amount of the expenditure;
(3) the date of the expenditure; and
(4) the purpose of the expenditure.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 401.008. FINAL REPORT; DISSOLUTION OF COMMITTEE. (a) As
soon after the inauguration as the committee determines that it
has completed its work and has satisfied its financial
obligations, but not later than June 30 of the year in which the
inauguration is held, the committee shall file with the secretary
of state a final report verified by a certified public accountant
that shows:
(1) the total amount of contributions received by the committee,
including contributions paid to the secretary of state during the
committee's existence;
(2) the total amount of expenditures made by the committee from
nonappropriated funds; and
(3) the total amount of nonappropriated funds remaining in the
committee's possession.
(b) On the date on which the committee files its final report
with the secretary of state, the committee shall deliver to the
comptroller all unexpended nonappropriated funds it possesses.
The comptroller shall deposit the funds in the state treasury to
the credit of the inaugural fund.
(c) When the secretary of state determines that the committee
has complied with Subsections (a) and (b), the secretary of state
shall issue a proclamation to that effect. The committee is
dissolved on the day after the date the proclamation is issued.
(d) The final report of the committee is public information.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.08, eff. Sept.
1, 1997.
Sec. 401.009. CLAIMS FILED AFTER DISSOLUTION. (a) If after
dissolution of the committee a person files with the secretary of
state a verified claim for an amount claimed to be due to the
claimant under a contract made under this subchapter by the
committee before its dissolution, the secretary of state shall
submit a copy of the claim to the governor, lieutenant governor,
and attorney general. If each of those officers files with the
secretary of state a signed statement finding that the claim is
valid, the secretary of state shall forward the original claim
and the statements to the comptroller. If funds for the payment
of expenses of the type covered by the claim have been
appropriated and are available and if a legal reason does not
exist for refusing payment, the comptroller shall pay the claim.
(b) Appropriations for the payment of claims under this section
must be from the inaugural fund.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 401.010. ADDITIONAL STATE FUNDING. In addition to making
appropriations from the inaugural fund as authorized by this
subchapter, the legislature may appropriate other funds for any
purpose for which money in the inaugural fund may be
appropriated.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 401.011. INAUGURAL ENDOWMENT FUND. (a) To the extent that
the balance of the inaugural fund exceeds $100,000 plus the
amount necessary to cover fund obligations, on the date the
inaugural committee appointed for an inauguration is dissolved
that balance shall be transferred to an account in the general
revenue fund to be known as the inaugural endowment fund. The
fund shall be administered and expended in accordance with this
section.
(b) The fund may be expended for decorating, furnishing,
preserving, or improving the Capitol, the Governor's Mansion, or
other state property of historical significance or for grants in
support of public schools, public libraries, or other charitable
causes at the discretion of the inaugural endowment fund
committee.
(c) The inaugural endowment fund committee is composed of the
chair of the Texas Historical Commission, a person appointed by
the governor, a person appointed by the lieutenant governor, and
a person appointed by the speaker of the house of
representatives. Notwithstanding other law, the spouse of the
governor, of a member of the legislature, or of another state
officer may be appointed to the committee. The governor shall
designate the chair of the committee from among the members.
(d) Appointed members of the committee serve for terms of two
years, expiring on the third Tuesday in January in odd-numbered
years. Committee members serve without compensation or
reimbursement for travel or personal expenses incurred in
carrying out committee duties, except that the service of the
chair of the Texas Historical Commission is considered an
additional duty of that office and expenses for that person shall
be reimbursed by the commission to the same extent as for
performance of other commission duties.
(e) Operations of the committee may not be conducted at state
expense, and committee functions may not be carried out through
the use of state personnel or equipment.
(f) Not later than October 1 of each year, the committee shall
file a report with the secretary of state detailing expenditures
made during the 12 months ending on the August 31 preceding the
report. The secretary of state shall publish the report in the
Texas Register.
(g) The committee is a governmental body for purposes of
Chapters 551 and 552 but is not subject to Chapter 2001.
(h) Section 403.095 does not apply to the inaugural endowment
fund.
Added by Acts 2001, 77th Leg., ch. 1454, Sec. 1, eff. Feb. 1,
2003.
SUBCHAPTER B. EMERGENCY INTERIM SUCCESSION
Sec. 401.021. SHORT TITLE. This subchapter may be cited as the
Emergency Interim Executive Succession Act.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 401.022. DEFINITION. In this chapter, "unavailable" means
not able to exercise the powers and discharge the duties of the
office of governor for any reason specified in the Texas
Constitution.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 401.023. SUCCESSION. (a) If the governor, lieutenant
governor, and president pro tempore of the senate are
unavailable, the following officers in succeeding order shall
exercise the powers and discharge the duties of the office of
governor:
(1) the speaker of the house of representatives;
(2) the attorney general; and
(3) the chief justices of the courts of appeals, in the
numerical order of the supreme judicial districts the courts
serve.
(b) An officer listed in this section acts as governor under
this subchapter only if the preceding officers in the order of
succession are unavailable.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 401.024. TERM OF SERVICE. A person acts as governor under
this subchapter until a new governor is elected and qualified or
until a preceding officer in the order of succession becomes
available.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
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.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER C. GOVERNOR'S BUDGET
Sec. 401.041. CHIEF BUDGET OFFICER. The governor is the chief
budget officer of the state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 15, eff. Sept. 1,
1993.
Sec. 401.042. UNIFORM BUDGET ESTIMATE FORMS. (a) The governor
may collaborate with the Legislative Budget Board in designing
and preparing uniform budget estimate forms on which all requests
for legislative appropriations must be prepared.
(b) The governor shall require that all appropriation requests
be submitted to the governor on the forms.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 15, eff. Sept. 1,
1993.
Sec. 401.043. BUDGET HEARINGS. (a) After receiving the
appropriation requests, the governor shall hold one or more
public hearings concerning the requests. The governor shall
preside at each hearing, except that the governor may authorize
any employee of the executive branch to preside and represent the
governor in the governor's absence.
(b) The head of a state agency that is seeking appropriations is
entitled to speak at a hearing under this section at which the
appropriation request is considered. The governor may require the
head or any employee of a state agency seeking appropriations to
appear at the hearing and present information about the
appropriations. A taxpayer is entitled to participate in the
discussion at a hearing under this section of any item proposed
to be included in the budget under consideration.
(c) In this section, "state agency" means a board, commission,
department, or other agency in the executive or judicial branch
of state government.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 15, eff. Sept. 1,
1993.
Sec. 401.044. COOPERATION WITH LEGISLATIVE BUDGET BOARD. (a)
The governor and the Legislative Budget Board may cooperate,
exchange information, and hold joint public hearings on the
biennial appropriation budget.
(b) At a joint hearing under this section, the governor shall
preside or, if the governor is unable to preside:
(1) the lieutenant governor shall preside; or
(2) a person appointed by the governor and the lieutenant
governor shall preside.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 15, eff. Sept. 1,
1993.
Sec. 401.0445. COMPILATION OF THE BUDGET. (a) The governor
shall compile the biennial appropriation budget using
information:
(1) submitted to the governor in the uniform budget estimate
forms; and
(2) obtained at public hearings, from inspections, and from
other sources.
(b) In the budget, the governor shall show:
(1) the list of appropriations for the current year preceding
the biennium for which appropriations are sought and recommended;
(2) expenditures for each of the two full years preceding the
current year; and
(3) the amounts requested by the various agencies and the
amounts recommended by the governor for each of the years of the
biennium.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.89(a), eff. Sept.
1, 1995.
Sec. 401.045. LEGISLATIVE EXPENSES. The governor may not
include in the governor's budget or appropriation bill any
appropriation for per diem or mileage expenses of members of the
legislature or for necessary expenses of the legislature.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 15, eff. Sept. 1,
1993.
Sec. 401.046. DISTRIBUTION OF BUDGET. (a) The governor shall
deliver a copy of the governor's budget to each member of the
legislature before the governor gives the message to the
legislature required by Section 9, Article IV, Texas
Constitution, at the commencement of each regular legislative
session.
(b) The governor shall have as many copies of the budget printed
for public distribution as the governor considers necessary.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 15, eff. Sept. 1,
1993. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec.
1.01, eff. Jan. 11, 2004.
Sec. 401.048. ANNUAL BUDGETS. A reference in this subchapter or
in Chapter 322 to a biennial budget or a regular legislative
session means an annual budget or an annual budget session if a
constitutional amendment is adopted providing for annual budget
sessions of the legislature.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 15, eff. Sept. 1,
1993.
SUBCHAPTER D. GOVERNOR'S EMERGENCY APPROPRIATIONS
Sec. 401.061. APPROPRIATIONS FOR EMERGENCY. The legislature may
appropriate money to the governor to be used only:
(1) in an emergency, including an imperative public necessity;
(2) for the executive branch of state government;
(3) if other money is not available, because previously
appropriated money has been spent or obligated; and
(4) for purposes for which specific other appropriations
previously have been made.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 15, eff. Sept. 1,
1993.
Sec. 401.062. CERTIFICATION OF EMERGENCY. (a) The governor may
determine that an emergency exists requiring the use of
appropriations made under Section 401.061.
(b) A governor who makes a determination under this section
shall certify to the comptroller the facts constituting the
emergency and the reasons why the facts constitute an emergency.
(c) The defense of the nation and this state and the safety and
economic prosperity of the people of this state require the
governor, in making a determination to use or authorize the use
of an appropriation made under Section 401.061, to give
preference to impacted regions of significant new naval military
facilities, as those terms are defined by Section 4, Article 1,
National Defense Impacted Region Assistance Act of 1985 (Article
689a-4d, Vernon's Texas Civil Statutes).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 15, eff. Sept. 1,
1993.
Sec. 401.063. DETERMINATION OF AVAILABILITY OF MONEY. (a)
After receiving a certification under Section 401.062, the
comptroller shall determine whether money other than emergency
appropriations is available for purposes of the emergency. The
comptroller may obtain from any other agency whatever assistance
the comptroller considers necessary for this purpose.
(b) The comptroller shall endorse on the governor's
certification the availability or unavailability of other money,
stating the source and amounts of available money, if any.
(c) The comptroller must return the governor's certification to
the governor's office not later than the second working day after
the date the comptroller receives the certification.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 15, eff. Sept. 1,
1993.
Sec. 401.064. FILING OF CERTIFICATION. The governor shall file
with the secretary of state and the Legislative Budget Board a
copy of the governor's original certification and the returned
certification containing the comptroller's endorsement.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 15, eff. Sept. 1,
1993.
Sec. 401.065. EXPENDITURE FOR EMERGENCY. (a) The governor may
spend appropriations made under Section 401.061 for the purpose
of a certified emergency, but only after:
(1) the certification is endorsed by the comptroller showing
that money other than emergency appropriations is not available
for purposes of the emergency; and
(2) the governor receives the certification from the
comptroller.
(b) The comptroller shall draw and pay the necessary warrants
for the emergency.
(c) The governor by interagency contract may authorize an agency
of the executive branch of state government to administer
emergency appropriations approved under this subchapter. A
contract made under this subsection is exempt from Chapter 771.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 15, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.09, eff.
Sept. 1, 1997.
SUBCHAPTER E. SUCCESSION OF GOVERNOR-ELECT AND LIEUTENANT
GOVERNOR-ELECT
Sec. 401.081. SUCCESSION OF GOVERNOR-ELECT AND LIEUTENANT
GOVERNOR-ELECT. The speaker of the house of representatives and
the president pro tem of the senate shall call a joint session of
the house of representatives and the senate for the purpose of
electing a governor and a lieutenant governor if:
(1) the governor-elect and the lieutenant governor-elect die or
are permanently incapacitated to take their oaths of office at
the time the legislature canvasses the election returns for
governor and lieutenant governor; and
(2) the legislature finds that the governor-elect and the
lieutenant governor-elect are not able to take the oath of office
and to fulfill the duties of office.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 15, eff. Sept. 1,
1993.
Sec. 401.082. TERM OF SERVICE AS GOVERNOR. The individual who
receives the highest number of votes cast by the members of the
legislature for governor shall hold that office until the next
general election.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 15, eff. Sept. 1,
1993.
Sec. 401.083. TERM OF SERVICE AS LIEUTENANT GOVERNOR. The
individual who receives the highest number of votes cast by
members of the legislature for lieutenant governor shall hold
that office until the next general election.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 15, eff. Sept. 1,
1993.
SUBCHAPTER F. OFFICE OF THE GOVERNOR
Sec. 401.101. ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS BY THE
GOVERNOR. The office of the governor may solicit and accept
gifts, grants, and donations of money or property on behalf of
the state for any lawful public purpose.
Added by Acts 1993, 73rd Leg., ch. 952, Sec. 1, eff. June 19,
1993. Amended by Acts 1997, 75th Leg., ch. 336, Sec. 2, eff.
Sept. 1, 1997. Renumbered from Sec. 401.031 by Acts 2001, 77th
Leg., ch. 1420, Sec. 21.001(36), eff. Sept. 1, 2001.
Sec. 401.102. OTHER GIFTS. Unsolicited benefits received by the
governor that are prohibited under Section 36.08, Penal Code, may
be donated to a governmental entity that has the authority to
accept the gift or to a recognized tax-exempt charitable
organization formed for educational, religious, or scientific
purposes.
Added by Acts 1993, 73rd Leg., ch. 952, Sec. 1, eff. June 19,
1993. Renumbered from Sec. 401.032 by Acts 2001, 77th Leg., ch.
1420, Sec. 21.001(36), eff. Sept. 1, 2001.
Sec. 401.104. GOVERNOR'S FLAG. (a) The governor may adopt a
flag for the governor's official use.
(b) By executive order published in the Texas Register, the
governor shall provide a description of a flag adopted under this
section.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.101, eff. Sept.
1, 2001.