What a Texas Governor Can and Cannot Do Alone if Voters Split the Government
If Gina Hinojosa beats Greg Abbott on Tuesday, she would likely face a Republican Legislature. Texas last had a governor and both chambers in opposing hands in 1995. Here is how vetoes, appointments and executive orders work.
Polls show the governor's race close enough that Texans should know what a governor can actually do. If Democratic state Rep. Gina Hinojosa unseats Republican Gov. Greg Abbott on Tuesday, she would almost certainly govern alongside a Republican Legislature.
The last time the governor's office and both chambers were held by opposing parties was 1995, when George W. Bush took office after unseating Ann Richards, The Texas Tribune reported in an explainer on divided government. This story is drawn from that single Tribune report and the experts it interviewed.
Why Abbott's power is not automatic
Texas governors were long considered weak. Abbott and Rick Perry built influence over long tenures, largely by filling agencies with appointees who share their views. Abbott has "historic levels of influence because of the combination of his tenure, the nature of his appointments, and his maneuverability," said Jim Henson, director of the Texas Politics Project at the University of Texas at Austin.
"The biggest power that governors in Texas have is longevity," said Brandon Rottinghaus, a political science professor at the University of Houston. A new governor inherits the previous one's appointees.
Executive orders
A governor can direct agencies by executive order and declare emergencies. Abbott used that power during COVID, at the border, to pause data center permits at the Texas Commission on Environmental Quality, and in September to declare a disaster over high fuel prices.
Hinojosa has said that within an hour of taking office she would declare a "high-cost emergency," suspend the gas and diesel tax and freeze electricity rates. Executive orders lack the permanence of law, though, and any future governor can rescind them. Rottinghaus predicted a Governor Hinojosa's "hand is going to be cramped" signing orders that undo Abbott's.
Appointments
Hinojosa has vowed to replace Education Commissioner Mike Morath, whose term expires in January. Removing an appointee requires the Senate's advice and consent, and confirming a new one takes a two-thirds Senate vote, so a Democratic governor's nominees would need Republican support. Hinojosa has said she would build a "postpartisan" administration. We covered the two candidates' differences on schools and vouchers earlier this week.
The Senate question
If Democratic state Rep. Vikki Goodwin also unseats Republican Lt. Gov. Dan Patrick, Hinojosa would have an ally presiding over the Senate. But the Senate is all but certain to stay Republican, and much of the lieutenant governor's power is granted by a majority vote of senators each session. That raises the prospect that Republicans could rewrite the Senate rules to keep that authority for themselves, the Tribune reported.
The veto
The governor's strongest tool is the veto, which takes a two-thirds vote of both chambers to override. Governors usually veto bills after the session ends, when lawmakers cannot respond. The last override came in 1979 under Gov. Bill Clements, a Republican who faced Democratic majorities.
Perry holds the record at 301 vetoes, including 83 in the 2001 session. Abbott has vetoed 280 bills over three terms.
What divided government has looked like
Clements called 12 special sessions, second only to Perry's 13. Henson said divided government has meant many special sessions as the parties fought over priorities, and he does not expect much bipartisan compromise now. "I don't think that's impossible, but it's hard to see it happening very frequently," he said.
Sherri Greenberg of the LBJ School, who served in the House during Bush's years, recalled bipartisan work on the electric grid, water and telecommunications, and said voters' demands on AI, data centers and affordability could push the parties together.
Abbott, whose campaign did not comment to the Tribune, argues a Hinojosa win would undo the state's economic gains. "What we have in Texas is precious, but it can all be destroyed in one election," he said in Abilene on Monday.
A fair word
Texas's founders built a government with limits on purpose, and divided government is one way voters can use them. Whoever wins Tuesday, the voters will still hold the most power, and early voting ends today.
