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CHAPTER 401. GOVERNOR AND LIEUTENANT GOVERNOR

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GOVERNMENT CODETITLE 4. EXECUTIVE BRANCHSUBTITLE A. EXECUTIVE OFFICERSCHAPTER 401. GOVERNOR AND LIEUTENANT GOVERNORSUBCHAPTER A. INAUGURATIONSec. 401.001.INAUGURAL COMMITTEE.(a)Not later than the 10thday after the date of each election for governor and lieutenantgovernor, the secretary of state shall issue a proclamationstating who, in the secretary of state's opinion based on thebest information then available, are the governor-elect andlieutenant governor-elect. The secretary of state shall promptlydeliver certified copies of the proclamation to the individualsnamed in the proclamation.(b)As soon as possible after receiving notice of theproclamation, the governor-elect and lieutenant governor-electshall each file with the secretary of state a signed instrument.The governor-elect shall designate in that instrument oneindividual to serve as chairman of the inaugural committee andone individual to serve as a cochairman of the committee. Thelieutenant governor-elect shall designate in that instrument oneindividual to serve as a cochairman of the committee. Thegovernor-elect and lieutenant governor-elect may appoint bywritten instrument filed with the secretary of state othermembers to the inaugural committee as they consider necessary. Anindividual who holds a position of profit under this state or theUnited States is ineligible for appointment to the committee.(c)If after issuing a proclamation under this section thesecretary of state becomes aware of information that indicatesthat the previous designation of governor-elect or lieutenantgovernor-elect was incorrect, the secretary of state shall issuea corrected proclamation and deliver certified copies of it tothe previous designee, the new designee, and each member of theinaugural committee appointed by the previous designee. Issuanceof a corrected proclamation terminates the membership on theinaugural committee of appointees of the previous designee butdoes not affect an action taken by the committee before theproclamation was issued. As soon as possible after the newdesignee receives notice of designation as governor-elect orlieutenant governor-elect, the designee shall make theappropriate appointments under this section.(d)A vacancy on the committee is filled by appointment by theoriginal appointing authority according to the procedureapplicable to original appointments.(e)Designation of an individual as governor-elect or lieutenantgovernor-elect under this section has no legal effect except forpurposes 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 havebeen appointed, they shall convene at a time and place designatedby the individual appointed chairman, take the constitutionaloath of office, and hold an organizational meeting.(b)The committee may hold subsequent meetings at times itdetermines or on the call of the chairman. The chairman presidesat meetings. If the chairman is absent, one of the cochairmenpresides.(c)The committee may adopt rules to govern its proceedings.(d)A member of the committee serves without compensation butmay be reimbursed for actual and necessary expenses incurred inthe performance of committee duties as provided by legislativeappropriation.(e)The committee shall make arrangements necessary forconducting ceremonies and events to observe the inauguration ofthe governor and lieutenant governor. The committee may employstaff or engage the services of consultants to assist in itswork.(f)The committee may request the cooperation of an agency orofficial of state or local government. The agency or officialshall 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 aspecial fund in the state treasury. Money in the inaugural fundmay be appropriated only for expenditures authorized by thischapter.(b)The comptroller shall credit to the inaugural fund a prorata share of the interest received from the deposit of statefunds 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 maycontribute funds, services, or other things of value to pay theexpenses of or otherwise provide for an inauguration. Thiscontribution is not a political contribution for purposes ofstate law regulating political contributions or prohibiting acontribution by a corporation or labor organization.(b)A contribution may be made to the inaugural committee or thesecretary of state. If the secretary of state receives acontribution while the inaugural committee exists, the secretaryof state shall deliver the contribution to the committee. If thesecretary of state receives a contribution at any other time, thesecretary of state shall transmit the contribution to thecomptroller, who shall deposit it in the state treasury to thecredit of the inaugural fund.(c)On receipt of a contribution, the secretary of state shallexecute duplicate copies of a receipt, give one copy to thecontributor, 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 inauguralexpenses.(d)The secretary of state shall keep the receipt on file in theoffice of the secretary of state for at least four years andshall maintain an index of the receipts, arranged alphabeticallyby contributor, showing the date of the contribution, the nameand mailing address of the contributor, and the amount of eachcontribution. 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 conditionsattached to a particular appropriation, money appropriated fromthe 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 conductinginaugural ceremonies and related events, including expenses ofraising funds.(b)Contributions received by the committee and not deposited inthe state treasury may be expended for any purpose the committeeconsiders appropriate.(c)A voucher for an expenditure from the inaugural fund must beapproved 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 acontract covered by the competitive bidding requirements ofArticle XVI, Section 21, of the Texas Constitution unless beforeawarding the contract the committee obtains at least three bids.The committee shall award the contract to the lowest bidder whoin the opinion of the committee is most responsible and is bestable to fulfill the terms of the contract. The committee mayreject all bids if none in the opinion of the committee isresponsible and able to fulfill the terms of the contract at areasonable price.Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.Sec. 401.007.RECORDS OF EXPENDITURES.In addition tomaintaining records required by law with regard to theexpenditure of appropriated funds, the committee shall maintain arecord of each expenditure of nonappropriated funds. The recordmust contain the following information about each expenditure:(1)the name and address of the entity to whom the expenditurewas 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)Assoon after the inauguration as the committee determines that ithas completed its work and has satisfied its financialobligations, but not later than June 30 of the year in which theinauguration is held, the committee shall file with the secretaryof state a final report verified by a certified public accountantthat shows:(1)the total amount of contributions received by the committee,including contributions paid to the secretary of state during thecommittee's existence;(2)the total amount of expenditures made by the committee fromnonappropriated funds; and(3)the total amount of nonappropriated funds remaining in thecommittee's possession.(b)On the date on which the committee files its final reportwith the secretary of state, the committee shall deliver to thecomptroller all unexpended nonappropriated funds it possesses.The comptroller shall deposit the funds in the state treasury tothe credit of the inaugural fund.(c)When the secretary of state determines that the committeehas complied with Subsections (a) and (b), the secretary of stateshall issue a proclamation to that effect. The committee isdissolved 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 afterdissolution of the committee a person files with the secretary ofstate a verified claim for an amount claimed to be due to theclaimant under a contract made under this subchapter by thecommittee before its dissolution, the secretary of state shallsubmit a copy of the claim to the governor, lieutenant governor,and attorney general. If each of those officers files with thesecretary of state a signed statement finding that the claim isvalid, the secretary of state shall forward the original claimand the statements to the comptroller. If funds for the paymentof expenses of the type covered by the claim have beenappropriated and are available and if a legal reason does notexist for refusing payment, the comptroller shall pay the claim.(b)Appropriations for the payment of claims under this sectionmust 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 makingappropriations from the inaugural fund as authorized by thissubchapter, the legislature may appropriate other funds for anypurpose for which money in the inaugural fund may beappropriated.Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.Sec. 401.011.INAUGURAL ENDOWMENT FUND.(a)To the extent thatthe balance of the inaugural fund exceeds $100,000 plus theamount necessary to cover fund obligations, on the date theinaugural committee appointed for an inauguration is dissolvedthat balance shall be transferred to an account in the generalrevenue fund to be known as the inaugural endowment fund. Thefund shall be administered and expended in accordance with thissection.(b)The fund may be expended for decorating, furnishing,preserving, or improving the Capitol, the Governor's Mansion, orother state property of historical significance or for grants insupport of public schools, public libraries, or other charitablecauses at the discretion of the inaugural endowment fundcommittee.(c)The inaugural endowment fund committee is composed of thechair of the Texas Historical Commission, a person appointed bythe governor, a person appointed by the lieutenant governor, anda person appointed by the speaker of the house ofrepresentatives. Notwithstanding other law, the spouse of thegovernor, of a member of the legislature, or of another stateofficer may be appointed to the committee. The governor shalldesignate the chair of the committee from among the members.(d)Appointed members of the committee serve for terms of twoyears, expiring on the third Tuesday in January in odd-numberedyears. Committee members serve without compensation orreimbursement for travel or personal expenses incurred incarrying out committee duties, except that the service of thechair of the Texas Historical Commission is considered anadditional duty of that office and expenses for that person shallbe reimbursed by the commission to the same extent as forperformance of other commission duties.(e)Operations of the committee may not be conducted at stateexpense, and committee functions may not be carried out throughthe use of state personnel or equipment.(f)Not later than October 1 of each year, the committee shallfile a report with the secretary of state detailing expendituresmade during the 12 months ending on the August 31 preceding thereport. The secretary of state shall publish the report in theTexas Register.(g)The committee is a governmental body for purposes ofChapters 551 and 552 but is not subject to Chapter 2001.(h)Section 403.095 does not apply to the inaugural endowmentfund.Added by Acts 2001, 77th Leg., ch. 1454, Sec. 1, eff. Feb. 1,2003.SUBCHAPTER B. EMERGENCY INTERIM SUCCESSIONSec. 401.021.SHORT TITLE.This subchapter may be cited as theEmergency Interim Executive Succession Act.Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.Sec. 401.022.DEFINITION.In this chapter, "unavailable" meansnot able to exercise the powers and discharge the duties of theoffice of governor for any reason specified in the TexasConstitution.Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.Sec. 401.023.SUCCESSION.(a)If the governor, lieutenantgovernor, and president pro tempore of the senate areunavailable, the following officers in succeeding order shallexercise the powers and discharge the duties of the office ofgovernor:(1)the speaker of the house of representatives;(2)the attorney general; and(3)the chief justices of the courts of appeals, in thenumerical order of the supreme judicial districts the courtsserve.(b)An officer listed in this section acts as governor underthis subchapter only if the preceding officers in the order ofsuccession 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 underthis subchapter until a new governor is elected and qualified oruntil a preceding officer in the order of succession becomesavailable.Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.Sec. 401.025.EXCEPTION.The president pro tempore of thesenate or speaker of the house of representatives may act asgovernor under this subchapter only if the person holds thatoffice when the governor and lieutenant governor first becomeunavailable.Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.SUBCHAPTER C. GOVERNOR'S BUDGETSec. 401.041.CHIEF BUDGET OFFICER.The governor is the chiefbudget 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 governormay collaborate with the Legislative Budget Board in designingand preparing uniform budget estimate forms on which all requestsfor legislative appropriations must be prepared.(b)The governor shall require that all appropriation requestsbe 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 theappropriation requests, the governor shall hold one or morepublic hearings concerning the requests. The governor shallpreside at each hearing, except that the governor may authorizeany employee of the executive branch to preside and represent thegovernor in the governor's absence.(b)The head of a state agency that is seeking appropriations isentitled to speak at a hearing under this section at which theappropriation request is considered. The governor may require thehead or any employee of a state agency seeking appropriations toappear at the hearing and present information about theappropriations. A taxpayer is entitled to participate in thediscussion at a hearing under this section of any item proposedto 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 branchof 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 thebiennial appropriation budget.(b)At a joint hearing under this section, the governor shallpreside or, if the governor is unable to preside:(1)the lieutenant governor shall preside; or(2)a person appointed by the governor and the lieutenantgovernor 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 governorshall compile the biennial appropriation budget usinginformation:(1)submitted to the governor in the uniform budget estimateforms; and(2)obtained at public hearings, from inspections, and fromother sources.(b)In the budget, the governor shall show:(1)the list of appropriations for the current year precedingthe biennium for which appropriations are sought and recommended;(2)expenditures for each of the two full years preceding thecurrent year; and(3)the amounts requested by the various agencies and theamounts recommended by the governor for each of the years of thebiennium.Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.89(a), eff. Sept.1, 1995.Sec. 401.045.LEGISLATIVE EXPENSES.The governor may notinclude in the governor's budget or appropriation bill anyappropriation for per diem or mileage expenses of members of thelegislature 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 shalldeliver a copy of the governor's budget to each member of thelegislature before the governor gives the message to thelegislature required by Section 9, Article IV, TexasConstitution, at the commencement of each regular legislativesession.(b)The governor shall have as many copies of the budget printedfor 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 orin Chapter 322 to a biennial budget or a regular legislativesession means an annual budget or an annual budget session if aconstitutional amendment is adopted providing for annual budgetsessions of the legislature.Added by Acts 1993, 73rd Leg., ch. 268, Sec. 15, eff. Sept. 1,1993.SUBCHAPTER D. GOVERNOR'S EMERGENCY APPROPRIATIONSSec. 401.061.APPROPRIATIONS FOR EMERGENCY.The legislature mayappropriate 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 previouslyappropriated money has been spent or obligated; and(4)for purposes for which specific other appropriationspreviously 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 maydetermine that an emergency exists requiring the use ofappropriations made under Section 401.061.(b)A governor who makes a determination under this sectionshall certify to the comptroller the facts constituting theemergency and the reasons why the facts constitute an emergency.(c)The defense of the nation and this state and the safety andeconomic prosperity of the people of this state require thegovernor, in making a determination to use or authorize the useof an appropriation made under Section 401.061, to givepreference to impacted regions of significant new naval militaryfacilities, as those terms are defined by Section 4, Article 1,National Defense Impacted Region Assistance Act of 1985 (Article689a-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, thecomptroller shall determine whether money other than emergencyappropriations is available for purposes of the emergency. Thecomptroller may obtain from any other agency whatever assistancethe comptroller considers necessary for this purpose.(b)The comptroller shall endorse on the governor'scertification 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 tothe governor's office not later than the second working day afterthe 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 filewith the secretary of state and the Legislative Budget Board acopy of the governor's original certification and the returnedcertification 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 mayspend appropriations made under Section 401.061 for the purposeof a certified emergency, but only after:(1)the certification is endorsed by the comptroller showingthat money other than emergency appropriations is not availablefor purposes of the emergency; and(2)the governor receives the certification from thecomptroller.(b)The comptroller shall draw and pay the necessary warrantsfor the emergency.(c)The governor by interagency contract may authorize an agencyof the executive branch of state government to administeremergency appropriations approved under this subchapter. Acontract 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 LIEUTENANTGOVERNOR-ELECTSec. 401.081.SUCCESSION OF GOVERNOR-ELECT AND LIEUTENANTGOVERNOR-ELECT.The speaker of the house of representatives andthe president pro tem of the senate shall call a joint session ofthe house of representatives and the senate for the purpose ofelecting a governor and a lieutenant governor if:(1)the governor-elect and the lieutenant governor-elect die orare permanently incapacitated to take their oaths of office atthe time the legislature canvasses the election returns forgovernor and lieutenant governor; and(2)the legislature finds that the governor-elect and thelieutenant governor-elect are not able to take the oath of officeand 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 whoreceives the highest number of votes cast by the members of thelegislature for governor shall hold that office until the nextgeneral election.Added by Acts 1993, 73rd Leg., ch. 268, Sec. 15, eff. Sept. 1,1993.Sec. 401.083.TERM OF SERVICE AS LIEUTENANT GOVERNOR.Theindividual who receives the highest number of votes cast bymembers of the legislature for lieutenant governor shall holdthat 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 GOVERNORSec. 401.101.ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS BY THEGOVERNOR.The office of the governor may solicit and acceptgifts, grants, and donations of money or property on behalf ofthe 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, 77thLeg., ch. 1420, Sec. 21.001(36), eff. Sept. 1, 2001.Sec. 401.102.OTHER GIFTS.Unsolicited benefits received by thegovernor that are prohibited under Section 36.08, Penal Code, maybe donated to a governmental entity that has the authority toaccept the gift or to a recognized tax-exempt charitableorganization formed for educational, religious, or scientificpurposes.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 aflag for the governor's official use.(b)By executive order published in the Texas Register, thegovernor shall provide a description of a flag adopted under thissection.Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.101, eff. Sept.1, 2001.
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  • 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.

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