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Statutes > Texas > Government-code > Title-4-executive-branch > 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.