A state lawmaker is making good on a promise to file legislation that pushes back on executive overreach.
On Tuesday, the first day of bill filing, State Rep. Brian Harrison (R–Midlothian) filed House Bill 523 to prevent perpetual emergency orders and restore power to the people through their elected representatives in the Texas Legislature.
“Reining in the administrative state and executive powers must be a top priority. Allowing the executive branch to both write and enforce laws obliterates separation of powers, destroys liberty, and is definitional tyranny,” Harrison told Texas Scorecard. “Texans complain when Democrat Presidents rule by executive fiat but have tolerated it in Texas for too long.”
Texas was one of the last states to end its COVID emergency last year—over 1,000 days after it began. Executive orders issued during the emergency were used to close businesses and impose mask mandates.
“While working for President Trump during COVID, I was shocked to learn that a Texan was imprisoned for violating an emergency order the legislature never approved. Now, I look forward to working with Shelley Luther to change our unconstitutional executive powers law. If not, Texas is a kingdom, not a state, and a future governor could declare carbon emissions and firearms public health emergencies and ban cars and close gun shops,” Harrison added.
The bill requires emergency orders to be narrowly tailored and subject to expedited judicial review and sunsets them after 30 days unless the Legislature approves them. It also bars the governor from reissuing expired or rejected orders.
Harrison had previously filed similar legislation in 2023, but it received no vote in the Texas House.
