By Horn H.J.R. No. 102
74R7581 JSA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to authorize the governor to
1-2 veto provisions of an appropriation act other than items of
1-3 appropriation and to reduce the amount of an item of appropriation.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 14, Article IV, Texas Constitution, is
1-6 amended to read as follows:
1-7 Sec. 14. (a) Every bill which shall have passed both houses
1-8 of the Legislature shall be presented to the Governor for his
1-9 approval. If he approve he shall sign it; but if he disapprove it,
1-10 he shall return it, with his objections, to the House in which it
1-11 originated, which House shall enter the objections at large upon
1-12 its journal, and proceed to reconsider it. If after such
1-13 reconsideration, two-thirds of the members present agree to pass
1-14 the bill, it shall be sent, with the objections, to the other
1-15 House, by which likewise it shall be reconsidered; and, if approved
1-16 by two-thirds of the members of that House, it shall become a law;
1-17 but in such cases the votes of both Houses shall be determined by
1-18 yeas and nays, and the names of the members voting for and against
1-19 the bill shall be entered on the journal of each House
1-20 respectively. If any bill shall not be returned by the Governor
1-21 with his objections within ten days (Sundays excepted) after it
1-22 shall have been presented to him, the same shall be a law, in like
1-23 manner as if he had signed it, unless the Legislature, by its
1-24 adjournment, prevent its return, in which case it shall be a law,
2-1 unless he shall file the same, with his objections, in the office
2-2 of the Secretary of State and give notice thereof by public
2-3 proclamation within twenty days after such adjournment.
2-4 (b) If any bill presented to the Governor contains several
2-5 items of appropriation, the Governor <he> may object to one or more
2-6 of such items and to any provision of the bill that qualifies,
2-7 restricts, conditions, or directs the use of an item of
2-8 appropriation, and may approve the other provisions <portion> of
2-9 the bill. The Governor may reduce the amount of any item of
2-10 appropriation and approve the item as reduced. If the Governor
2-11 objects to an item of appropriation or other provision or approves
2-12 an item of appropriation in a reduced amount, the Governor <In such
2-13 case he> shall append to the bill, at the time of signing it, a
2-14 statement of the items or other provisions to which the Governor
2-15 <he> objects and of the items of appropriation that the Governor
2-16 has approved in a reduced amount. An <, and no> item or provision
2-17 so objected to may not <shall> take effect. An item approved in a
2-18 reduced amount takes effect in the reduced amount. If the
2-19 Legislature is <be> in session when the Governor objects to an item
2-20 of appropriation or other provision or approves an item of
2-21 appropriation in a reduced amount, the Governor <he> shall transmit
2-22 to the House in which the bill originated a copy of such statement,
2-23 and each item of appropriation or other provision <the items>
2-24 objected to and each item of appropriation approved in a reduced
2-25 amount shall be separately considered. If, on reconsideration, an
2-26 item of appropriation or other provision to which the Governor
2-27 objected is <one or more of such items be> approved by two-thirds
3-1 of the members present of each House, the item or provision <same>
3-2 shall take effect <be part of the law>, notwithstanding the
3-3 objections of the Governor. If, on reconsideration, an item of
3-4 appropriation approved by the Governor in a reduced amount is
3-5 approved by two-thirds of the members present of each House, the
3-6 item shall take effect in the amount originally passed by the
3-7 Legislature, notwithstanding the reduction of the item by the
3-8 Governor. If any such bill, containing several items of
3-9 appropriation, not having been presented to the Governor ten days
3-10 (Sundays excepted) prior to adjournment, is <be> in the hands of
3-11 the Governor at the time of adjournment, the Governor <he> shall
3-12 have twenty days from such adjournment within which to file
3-13 objections to any items of appropriation or other provisions
3-14 thereof or to approve any item of appropriation in a reduced amount
3-15 and to make proclamation of the same, and each <such> item or
3-16 provision to which the Governor files objections <items> shall not
3-17 take effect, and each item of appropriation approved by the
3-18 Governor in a reduced amount shall take effect in the reduced
3-19 amount.
3-20 SECTION 2. This proposed constitutional amendment shall be
3-21 submitted to the voters at an election to be held November 7, 1995.
3-22 The ballot shall be printed to permit voting for or against the
3-23 following proposition: "The constitutional amendment to authorize
3-24 the governor to veto specific provisions of an appropriation act or
3-25 to reduce the amount of any appropriation of the legislature."