Gina Hinojosa, the Democratic governor-elect of Texas, said she intends to declare a “high-cost emergency” in the state after taking office.
“Within an hour of taking the oath of office, I will declare a high-cost emergency in the state of Texas and issue an emergency executive order to: one, suspend the gas and diesel tax; and two, freeze electricity rates,” Hinojosa wrote in a statement, according to The Texas Tribune.
“The plan clashes with Texas’ competitive energy market, where over 100 retail providers compete for consumers under a deregulation law,” Fox News wrote.
“Nick Loris, president of @C3Journal, warns the freeze could leave suppliers unable to adequately provide power,” it added.
“On Day One as governor, I’ll freeze residential electricity rates and make corporations finally pay their fair share,” Hinojosa said, according to Fox News.
Texas Gov.-elect Gina Hinojosa says she will declare a "high-cost emergency" and freeze residential electricity rates within an hour of taking office.
The plan clashes with Texas' competitive energy market, where over 100 retail providers compete for consumers under a… pic.twitter.com/KGVmUu7DJW
— Fox News Politics (@foxnewspolitics) November 10, 2026
Fox News shared further:
The plan is raising concerns that such a freeze will clash with Texas’ uniquely competitive energy sector, which relies heavily on free-market choice, and that it could inadvertently create energy shortages as suppliers are prevented from adjusting their prices.
That’s the concern of Nick Loris, the president of C3 Solutions, a conservative coalition for climate solutions that focuses on energy, environment and agriculture policy.
He expects the emergency declaration will face legal challenges almost immediately from energy providers. In particular, he cast doubt on the scope of the emergency declaration.
“The Texas Disaster Act lets the governor declare disasters and suspend the regulatory laws and statutes that are in existence. But I think there is a high degree of skepticism, both from courts but also from state policymakers, that this warrants such a claim — and that it is such a disaster,” Loris told Fox News Digital.
“I would imagine if there were legal challenges, it would come from those affected parties,” he added.
Loris explained that Texas has fostered one of the most competitive energy environments in the country.
In 1999, the state passed Senate Bill 7 — a piece of legislation that opened most of the state to retail choice, allowing customers to pick their preferred retail electric providers (REPs), beginning in 2002.
According to The Texas Tribune, disaster declarations last 30 days but can be extended indefinitely by the governor.
“By the end of the first day, her hand is going to be cramped signing her name to all these executive orders and agency rules,” said Brandon Rottinghaus, a professor of political science at the University of Houston, the outlet noted.
“So a lot of this is going to be rescinding what Abbott has done, and those are pretty straightforward,” he added.
Texas state Rep. Brian Harrison, a Republican, previously called on Gov. Greg Abbott to “immediately convene a special session” to limit executive emergency powers before Hinojosa takes her oath of office.
“Republicans lost last night, but Democrats were not sworn in. We still have total power in Texas, and we must act like it by using the remaining ten weeks to restore separation of powers and limit the emergency powers that Governor-Elect Hinojosa is set to inherit, which would allow her to destroy liberty in Texas by executive fiat. I’ve warned since I was first elected that NO governor, Republican or Democrat, should have unchecked emergency powers!” Harrison said.
“Now that Texas has elected a Democrat Governor, the urgency is undeniable… and inaction is intolerable. Without action, Governor Hinojosa will inherit the powers of a DICTATOR. Due to the absurd (and almost certainly unconstitutional) Texas emergency powers laws, Gov. Hinojosa will literally have the power to modify laws, ignore laws, or create and enforce laws – including criminal laws – on a whim! Today is a day for ACTION, and bold leadership,” Harrison continued.
“The Texas Legislature must immediately pass, and Governor Abbott must sign, legislation like HB911, which I filed in 2022 and warned at the time, that ‘Never ending emergency powers are antithetical to representative government and render people powerless. Legislative bodies allowing a single executive branch official to both write and enforce laws is the biggest threat to our constitutional system of divided government and should be opposed irrespective of which political party runs the executive branch,’” he added.
More from The Texas Tribune:
One of the most powerful abilities a governor has is a near-unstoppable veto.
This allows the state’s top elected leader to reject legislation approved by the House and the Senate. A veto can only be overridden by a two-thirds majority vote in both chambers.
Lawmakers can override vetoes only during the session in which the bills are rejected, according to policy experts. But typically, governors veto bills after the last day of legislative sessions.
ADVERTISEMENTThe last time the Legislature overrode a veto was in 1979, when Clements was governor.
Perry holds the record for the most vetoes at 301. He issued a record 83 vetoes during a single legislative session in 2001, the last time Texas saw divided government.
Abbott has vetoed 280 bills throughout his three terms in office.
The intricacies of the process means that relationships among legislators and with the executive branch matter, whether or not control of government is divided, Greenberg added.
“In both cases, you really have to work the process to ensure there’s not going to be a veto of any of your bills that are seen as controversial whether the governor is a Democrat or a Republican because that is certainly a powerful tool that the governor has,” Greenberg said.
