Who’s Next in Line to Be Governor?
Less than 24 hours ago I sent an email to my Texas Representative and friend, Mr. Joe Driver (TX-113) asking him what would happen if both Gov. Rick Perry and Lt Gov. David Dewhurst were to win the elections they are running in, or are expected to run in.
This is the email I got in return! Thank you for the rapid response Joe!
Texas State Sen. Mike Jackson
Perry doesn’t have to resign in order to run for President. Bush didn’t resign his position until he won the presidency. (This is also similar to how Ron Paul has been able to run for President without giving up his Congressional seat.) Dewhurst doesn’t have to resign, either. This is a good article explaining what would happen if both of them won their new races: SOURCE
Hey, Texplainer: Who becomes governor if both Rick Perry and David Dewhurst are elected to other offices?
It’s no secret that two of Texas’ top politicians may be angling for new jobs. Gov. Rick Perry’s recent excursions have been well-publicized, and the evidence of a possible Perry presidential bid is mounting.
Meanwhile, Lt. Gov. David Dewhurst, who handles the state’s gubernatorial responsibilities when Perry is out of state, appears set on a different title: U.S. senator. Dewhurst has expressed interest in running for GOP Sen. Kay Bailey Hutchison’s seat upon her retirement, and he sent a letter to his supporters in June foreshadowing an announcement this month.
So who becomes governor if both Perry and Dewhurst are elected to different offices in 2012? The answer, for at least a short period of time, is Sen. Mike Jackson, R-La Porte and currently the Texas Senate’s president pro tempore (the lieutenant governor is president of the state Senate, so when he is temporarily unavailable, another senator serves as president “for the time being,” or president pro tempore).
Article 4, section 17 of the Texas Constitution gives the state Senate’s president pro tempore the temporary power (and compensation) of governor if both the governor and lieutenant governor are unable to serve, but in such a case, the official replacements for both positions are decisions that lay in the hands of senators.
When the position of lieutenant governor is vacated, the Senate pro tempore is charged with convening a Committee of the Whole — that’s everyone in the Senate — within 30 days of the job’s opening so that senators can elect one of their own to serve.
Whoever is elected will serve as lieutenant governor until the end of his or her term as senator or the end of the lieutenant governor’s term, whichever comes first.
If Perry and Dewhurst are both elected, the senator elected to fill the lieutenant governor’s position will then automatically become acting governor under Article 4, section 16 of the Texas Constitution, which gives the lieutenant governor the authority to take over gubernatorial responsibilities if the governor vacates the position.
With the lieutenant governor position once again vacant, the Committee of the Whole would convene a second time to select another senator to act as lieutenant governor.
The Texas Constitution specifies that next in the line of succession, after the lieutenant governor and the Senate’s president pro tempore, is the Speaker of the House (Rep. Joe Straus, R-San Antonio), then the Attorney General (Greg Abbott) and then the chief judges of the Texas Courts of Appeals in numerical order of the judicial districts.
Neither Perry nor Dewhurst has to resign his current position to run for a different one next year (their terms both end in 2015), and it’s unlikely that either would do so. They’ve got lighter schedules now that the legislative session is over, and resigning would run the risk of ending up unemployed.
If Perry runs and wins, and Dewhurst doesn’t run or runs and loses, Dewhurst would become governor and Jackson would become the temporary lieutenant governor until senators elect one of their own.
There’s a recent precedent for this: When George W. Bush was elected president and left the Governor’s Mansion in 2000, then-Lt. Gov. Rick Perry moved into the position and state Sen. Rodney Ellis, D-Houston, then the president pro tempore, convened the Committee of the Whole, which elected Sen. Bill Ratliff, R-Mount Pleasant, to lead the upper chamber as lieutenant governor.
Speculation regarding which senator might be elected by the Senate has begun, with possible replacements jockeying for the favor of their peers during the regular and special session. For now, all they can do is watch and wait as Perry and Dewhurst contemplate their futures.
Bottom line: If both Perry and Dewhurst are elected to new posts, Senate President Pro Tempore Mike Jackson becomes lieutenant governor and acting governor. But only temporarily. SOURCE
You know, I hear a lot of folks gripe and complain about how all they ever get from their elected officials is a song and dance, a form letter and a request for donations.
That may well be the case with some folks, but I have ALWAYS received a REAL response from Joe Driver. Sometimes an email, sometimes a phone call, sometimes a personal sit down and visit thing.
The same goes for my local elected officials too. It’s all about the way you present yourself to them and how *sane* you can appear when needed!
And last fall I got a real explanation from Joe as to why he had mingled campaign funds with personal funds. Can’t say I understood it when he was finished, but he returned my call and did his blessed best to answer my questions.
So, if Joe Jackson were to become governor would he then be required as governor to call a special session of the lege in order to name a permanent replacement for the governor? The lege is not scheduled to meet again until after the next election (so your property may be relatively safe until then).
Keep your powder dry
OOPS — I mean Mike Jackson, even though I was thinking of Jim Jackson and wrote Joe Jackson.
“You know, I hear a lot of folks gripe and complain about how all they ever get from their elected officials is a song and dance, a form letter and a request for donations.”
Course, some of us are unlucky enough that damn near 100 % of our elected officials are Democrats, so song and dance are routine and they sing about as well as Tiny Tim, dance as well as Jerry Lewis and form letters, oh, don’t get me started about form letters… >:)