80R4103 DRH-D

By: Elkins H.J.R. No. 59

A JOINT RESOLUTION

proposing a constitutional amendment to allow the legislature to override a veto of the governor following a legislative session.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 14, Article IV, Texas Constitution, is amended to read as follows:

Sec. 14. (a) Every bill which shall have passed both houses of the Legislature shall be presented to the Governor for his approval. If he approve he shall sign it; but if he disapprove it, he shall return it, with his objections, to the House in which it originated, which House shall enter the objections at large upon its journal, and proceed to reconsider it. If after such reconsideration, two-thirds of the members present agree to pass the bill, it shall be sent, with the objections, to the other House, by which likewise it shall be reconsidered; and, if approved by two-thirds of the members of that House, it shall become a law; but in such cases the votes of both Houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered on the journal of each House respectively.

(b) If any bill shall not be returned by the Governor with his objections within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Legislature, by its adjournment, prevent its return, in which case it shall be a law, unless he shall file the same, with his objections, in the office of the Secretary of State and give notice thereof by public proclamation within twenty days after such adjournment.

(c) If any bill presented to the Governor contains several items of appropriation he may object to one or more of such items, and approve the other portion of the bill. In such case he shall append to the bill, at the time of signing it, a statement of the items to which he objects, and no item so objected to shall take effect. If the Legislature be in session, he shall transmit to the House in which the bill originated a copy of such statement and the items objected to shall be separately considered. If, on reconsideration, one or more of such items be approved by two-thirds of the members present of each House, the same shall be part of the law, notwithstanding the objections of the Governor. If any such bill, containing several items of appropriation, not having been presented to the Governor ten days (Sundays excepted) prior to adjournment, be in the hands of the Governor at the time of adjournment, he shall have twenty days from such adjournment within which to file objections to any items thereof and make proclamation of the same, and such item or items shall not take effect.

(d) The Legislature shall meet to reconsider any bill disapproved by the Governor under Subsection (a) of this section or any item of appropriation in a bill to which the Governor objects under Subsection (c) of this section if the bill or statement of objection to the item of appropriation is:

(1) returned to the House in which the bill originated on or after the third day before the date of adjournment of the session at which the bill was passed; or

(2) filed with the Secretary of State after the adjournment of the session at which the bill was passed.

(e) The period for reconsideration under Subsection (d) of this section begins at 10 a.m. on the day following the last day on which the Governor is authorized to file a disapproval or objection with the Secretary of State and may not exceed three consecutive days. During this period, unless the Legislature has been called into special session by the Governor, the Legislature may not consider any subject other than the reconsideration of bills or items of appropriation described by Subsection (d) of this section. Reconsideration of a bill or item of appropriation during this period is conducted in the manner provided by Subsection (a) or (c) of this section, as applicable.

SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 6, 2007. The ballot shall be printed to provide for voting for or against the proposition: "The constitutional amendment to allow the legislature to override a veto of the governor following a legislative session."