AUSTIN - The Office of the Attorney General recently released an opinion finding that a court is likely to conclude that executive orders authorized by the governor’s statutory emergency powers constitute “laws” under the Penal Code.
Records show that back in September 2021 the Williamson County Attorney’s Office requested an OAG opinion on whether a governor’s emergency disaster order, proclamation, or regulation issued under the authority of Chapter 418, Government Code, falls within the definition of “law” under the Penal Code.
The Texas Disaster Act of 1975 provides that “[t]he governor by executive order or proclamation may declare a state of disaster if the governor finds a disaster has occurred or that the occurrence or threat of disaster is imminent.”
On Sept. 14, the OAG issued an opinion finding that 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,” the opinion states.
“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.”
Opinion No. AC-0005