The Governor's Power to Call Special Sessions in Texas

As the old saying goes, time is a great teacher, but unfortunately it only
charges a hefty admission fee. Yet, even after a while, Governor Abbott still hasn't possessed the wisdom to call a special session for important legislative matters in the state of Texas. Let's delve into why this might be the case and explore the power dynamic between the governor and the state legislature.

Understanding the Governor's Authority to Call Special Sessions

There's no denying that the governor of Texas wields a significant amount of power, particularly when it comes to convening special meetings of the state legislature. According to the Texas Constitution, the governor has the authority to call a special session for any purpose deemed necessary. Unlike in some states, Texas does not require the governor to provide prior notice or justification for calling a special session. However, once a session is convened, the reasons stated in the governor's proclamation serve as the only topics that the legislature can consider.

The Governor's Flexibility and Legislative Constraints

The governor's ability to call a special session is not without limitations. Even though the governor has the flexibility to decide the purpose and timing of a special session, the legislature is constrained by the specific topics outlined in the proclamation. Once the legislature is notified of the reasons for the special session, they can only address those particular issues. This constraint can sometimes lead to tensions between the executive branch and the legislative branch, as legislators may feel that the governor is overstepping in dictating the agenda.

A Historical Example: Governor Abbott and the 82nd Legislature

A notable example of the tug-of-war between the governor and the legislature is seen in the 82nd special session of the Texas Legislature, which Governor Abbott called in 2022. This session, which met for only one day, was largely met with indifference rather than enthusiasm. The adjournment was immediate, followed by a dismissive attitude from the legislature. They essentially said, 'You have your wishes, but we are not engaging.' This particular incident, often referred to as the 'musteroin session' by critics, reflected a deep mistrust and a lack of cooperation between the executive and legislative branches of government.

During the 82nd special session, Governor Abbott called upon the legislature to address a variety of issues, including immigration and education. However, the legislature responded by effectively shutting down the session, refusing to engage with any of the governor's proposed agenda items. This immediate adjournment and the legislators' dismissive attitude underscored the fact that the legislature is not merely an execution arm of the governor's policies but an independent branch with its own will and priorities.

Factors Influencing a Governor's Decision to Call a Special Session

Deciding whether to call a special session involves a complex calculus of political, legal, and practical considerations. Political considerations play a pivotal role, as the governor must weigh public opinion, support within the legislature, and potential backlash from constituents. Legal considerations come into play as well, with the governor needing to adhere to constitutional guidelines and the procedural rules of the Texas Legislature. Practical considerations, such as the timing and scheduling of the session, also factor into the decision-making process.

Moreover, the governor's decision to call a special session can be influenced by the legislative calendar and the state's budget cycle. If a significant bill is on the brink of dying in the regular session due to time constraints, a special session might be necessary to push for its passage. Similarly, if a critical issue arises during a special session that could significantly impact the state, the governor may see it as essential to address it.

The Importance of Public Support and Communication

Public support and communication play a critical role in the success or failure of a governor's call for a special session. If the public is in favor of the governor's initiatives, it can lend additional support and pressure on the legislature to act. Conversely, if the public views the governor's agenda as unnecessary or impractical, the response from the legislature may be more resistant.

Effective communication is also key. The governor must clearly articulate the rationale for the special session and the benefits it will bring. This involves both public speeches and behind-the-scenes lobbying to build a coalition of support within the legislature. Clear and consistent messaging can help to address concerns, alleviate fears, and foster a collaborative environment.

Conclusion

As we look into why Governor Abbott hasn't yet called a special session in Texas, it becomes clear that the decision to do so is fraught with political, legal, and practical challenges. The governor's power to call a special session is significant but subject to the constraints imposed by the legislature and public opinion. The 82nd special session of the Texas Legislature serves as a poignant reminder of the often contentious relationship between the executive and legislative branches of government. In the end, the governor's choice about whether to convene a special session reflects a delicate balance of power and the often complex political landscape that defines governance in Texas.

Keywords: special session, Texas Legislature, Governor Abbott