BILL ANALYSIS

H.J.R. 29

By: Elkins

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Section 14, Article IV, of the Texas Constitution requires the governor to return vetoed legislation to the Texas Legislature within 10 days of receipt.  If not returned in that time period, the legislation becomes law.  The same provision exempts the governor from having to return the vetoed legislation to the legislature for review if the legislature adjourns before the end of the 10-day period.  A large number of bills are sent to the governor so late in the session that a gubernatorial veto cannot be reviewed by the legislature.

H.J.R. 29 proposes a constitutional amendment to allow members of the legislature to meet to reconsider legislation vetoed by the governor. 

RULEMAKING AUTHORITY

It is the committee's opinion that this resolution does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.J.R. 29 proposes an amendment to the Texas Constitution to require the legislature to meet to reconsider any vetoed bill or any appropriations line item to which the governor has objected if the bill or statement of objection to the item is returned to the house of origin on or after the third day before the date of adjournment of the session at which the bill was passed, or is filed with the secretary of state after the adjournment of the session at which the bill was passed.

H.J.R. 29 specifies that the period for legislative reconsideration 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.  The resolution prohibits the legislative reconsideration period from exceeding five consecutive days.  The resolution prohibits the legislature during the reconsideration period, unless it has been called into special session by the governor, from considering any subject other than the reconsideration of vetoed bills or vetoed line items.  The resolution provides that the reconsideration is conducted in the same manner as a legislative override of a veto or line-item veto that occurs during a legislative session, as applicable.     

H.J.R. 29 sets forth the required ballot language.

ELECTION DATE

The constitutional amendment proposed by this joint resolution will be submitted to the voters at an election to be held November 3, 2009.