Governor

Article 4, section 14 of the Texas Constitution, the Governor may veto items of appropriation, which is a designation of funds for a specific purpose|Governor's veto, if additional funds apart from what was vetoed by the Governor are available, and if authority outside of the vetoed language permits expenditure of those funds for a given purpose, and entity may spend other funds accordingly

Executive Order RP-80 is superseded by Government Code section 673.002 with respect to the requirement that all state agencies must verify the employment eligibility of new employees through the Department of Homeland Security's E-Verify program|Government Code section 673.002 with respect to the requirement that all state agencies must verify the employment eligibility of new employees through the Department of Homeland Security's E-Verify program|Executive Order RP-80 is not specifically superseded or preempted by Government Code section 673.002 with respect to the verification of employment eligibility of contractors and subcontractors by state agencies under the direction of the Governor

Governor's authority to suspend special election procedures in emergency|Governor's authority to call expedited special election in emergency

Annual state salary, individuals appointed as judges of newly created 444th and 445th Judicial District courts are entitled to|Payment of state's portion of salaries for individuals who will serve as district judges, commissioners court must approve|Showing of essentiality, degree to which district judges appointed to newly created judicial districts are entitled to supplemental salary payments, office space, and other perquisites of office depends upon a|Annual state salary, individuals appointed as judges of the newly created 444th and 445th Judicial District courts are entitled to|Appointment of judges for the 444th and 445th Judicial District courts, Governor is required to make appointments as vacancy exists in each court

Resign to run, legislator that announces candidacy for Governor during the first year of a two-year term is not required to immediately resign from House of Representatives

Posthumous pardons, the Texas Constitution does not limit the Governor's authority to grant posthumous pardons as long as all other constitutional requirements are met|To the extent that the Governor was previously advised in an attorney general opinion that Texas case law prohibited him from granting posthumous pardons, it was reasonable for Governor to rely on such advice|Posthumous pardon, the Board is constitutionally authorized to recommend that the Governor grant a|While they are persuasive authority, attorney general opinions are not binding|To the extent that the Governor was previously advised in an opinion that Texas case law prohibited him from issuing a posthumous pardon, it was reasonable for the Governor to rely on such advice

District court, duty to provide certain funding for|Appointed judge, taking oath of office\r\n\r\nAppointed judge, length of service\r\n\r\nNewly-created district court, vacancy in\r\n\r\nTerm of office, district judge\r\n\r\nVacancy in, filling|Mandamus, not subject to\r\n\r\nVacancy in district court, authority to fill|Succeeding

Pardon, person who has completed deferred adjudication community supervision and who has been discharged after dismissal of charges may not receive|Governor may not pardon person who has completed deferred adjudication community supervision and who has been discharged after dismissal of charges|Deferred adjudication community supervision, person who has completed and whose charges have been dismissed is ineligible for pardon

Gubernatorial records held in alternative depository remain property of state|Gubernatorial records held in alternative depository remain Texas public records subject to Act|Memorandum of understanding or other documentation of transfer of gubernatorial records to alternative depository, Commission is necessary party to|Alternative depository for gubernatorial records, the only power given to governor by statute is that of designating

Authority to enact laws, impose taxes, raise revenue, and appropriate state funds is vested in legislature rather than the governor; governor may not increase or appropriate motor vehicle registration fees, but, in case of emergency, may act with legislat|State motor vehicle registration fees, Governor may not increase or appropriate but, in case of emergency, may redirect funds already appropriated by the legislature for purposes consistent with article VIII, section 7-a of the Texas Constitution|Motor vehicle registration fees, Governor may not increase or appropriate but, in case of emergency, may act with legislative budget board to redirect funds already appropriated by the legislature for purposes consistent with article VIII, section 7-a of |State motor vehicle registration fees, Governor may not increase or appropriate but, in case of emergency, may redirect funds already appropriated by the legislature for purposes consistent with article VIII, section 7-a of Texas Constitution

Government Code section 418.108 does not, by itself, authorize a county judge, a mayor of a municipality, or any other local government official to commandeer private property to respond to a disaster.

A Texas driver's license that on its face lists an expiration date of March 13, 2020, or later is not expired under the Governor's suspension of laws and related DPS guidance until 60 days after the DPS provides further public notice that normal driver's license operations have resumed.

The Dallas County Judge does not have authority to regulate the operation of pawnshops during the COVID-19 disaster declaration.

County authority to require facial coverings in courtrooms, courthouses, and county buildings can be found in in the Texas statutes, and in emergency and executive orders.

Criminal Justice Division of Governor’s Office determines applicability of federal Justice Assistance Grant funds to pay overtime to constable serving as deputy sheriff

Pursuant to section 418.108 of the Government Code, a county judge may declare a local state of disaster.  Local disaster powers of a county are limited by any existing state law, including any executive orders or proclamations issued by the Governor. 

The county judge may terminate a local disaster declaration at any time, and the commissioners court may prevent the extension of the declaration beyond seven days or revoke consent for its continuation thereafter.

A county judge lacks authority to declare a new disaster for the same underlying circumstances without the consent of the commissioners court following the first seven-day period. 

A surge of individuals crossing the border into the county could and has created circumstances warranting emergency action and a local disaster declaration.

A county judge lacks authority to pay bills incurred by the county out of the contingent and uncommitted fund without the commissioners court’s approval.

County authority to erect signage in a state highway right-of-way under Transportation Code chapter 394

Legality of a school district’s vaccine policy

Pursuant to section 418.012 of the Government Code, executive orders issued by the Governor pursuant to his emergency powers under chapter 418 have the force and effect of law. The Penal Code defines “law” to include a rule authorized by and lawfully adopted under a statute. A court is therefore likely to conclude that executive orders authorized by and lawfully adopted pursuant to the Governor’s statutory emergency powers constitute “laws” for purposes of subsection 1.07(a)(30) of the Penal Code.