As gas prices continue to rise above $4 a gallon, Democratic gubernatorial nominee Gina Hinojosa has renewed calls for Gov. Greg Abbott to suspend Texas' 20-cent-per-gallon gas tax. Hinojosa argues that Abbott has the legal authority to do so during a disaster declaration, but Abbott's office says he does not. The dispute centers on whether Texas law allows the governor to suspend taxes using emergency powers or only regulatory rules and procedures.
Hinojosa's campaign points to Chapter 418 of the Texas Government Code, which allows governors during disasters to suspend laws and agency rules that could "prevent, hinder, or delay necessary action in coping with a disaster." Texas Agriculture Commissioner Sid Miller, a Republican who also supports suspending the state motor-fuels tax, made a similar argument.
However, Abbott's press secretary Andrew Mahaleris said in a statement that the law "specifically authorizes the Governor to suspend regulatory statutes, not taxes."
In the past, Texas governors have used disaster powers to temporarily waive some tax-related requirements during emergencies, such as suspending state and local hotel occupancy taxes and waiving restrictions on dyed diesel fuel during Hurricane Harvey in 2017 and the 2024 Panhandle wildfires respectively. However, these actions were narrower than a blanket suspension of the statewide gas tax for all Texas drivers.
The disagreement is likely to remain both a legal and political issue as fuel prices rise and the governor's race intensifies.