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A JOINT RESOLUTION
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proposing a constitutional amendment to require the legislature to |
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convene following each regular session of the legislature to |
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consider the repeal of laws enacted during that regular session or |
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at a subsequent special session. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5(a), Article III, Texas Constitution, |
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is amended to read as follows: |
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(a) The Legislature shall meet in regular session |
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every two |
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years at such time as may be provided by law, in a session to repeal |
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recently enacted laws as provided by Section 40(b) of this article, |
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and at other times when convened by the Governor. |
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SECTION 2. Section 40, Article III, Texas Constitution, is |
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amended to read as follows: |
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Sec. 40. (a) When the Legislature shall be convened in |
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special session, there shall be no legislation upon subjects other |
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than those designated in the proclamation of the Governor calling |
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such session, or presented to them by the Governor; and no such |
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session shall be of longer duration than thirty days. |
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(b) The Legislature shall convene at 10 a.m. on the first |
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Tuesday following the 60th day after the date of final adjournment |
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of a regular session, for a period not to exceed three consecutive |
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days, to consider the repeal of laws passed during that regular |
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session or during a subsequent special session. During this period |
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the Governor may not call the Legislature into special session and |
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the Legislature may not consider any subject other than the repeal |
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of laws passed during the preceding regular session or subsequent |
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special session or emergency matters submitted by the Governor. A |
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member of either house may introduce a bill to repeal a law, or to |
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repeal an item of appropriation in an appropriation act, passed |
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during the preceding regular session or subsequent special session |
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that would not otherwise change existing law or create new law. |
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Acts may only be considered during this session for the purposes of |
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correcting typographical errors in the original act that are |
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clearly contrary to the intent of the act, as determined |
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exclusively by each house, or to void the act, or in the case of a |
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general appropriations act that limits consideration to certain |
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items of appropriation, to void one or more items of appropriation |
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identified in the petition. The bill when introduced must include |
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the signatures of at least 76 members of the house of |
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representatives if the author of the bill is a representative, or |
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at least 21 members of the senate if the author of the bill is a |
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senator. The bill may not be referred to a committee of either |
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house but shall be considered directly by the house in which the |
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bill was introduced and then, if passed by that house, by the other |
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house. The Legislature may not amend the bill. If passed by both |
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houses in the manner provided by Section 32 of this article, the |
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bill shall be sent to the Governor for approval or disapproval as |
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provided by Section 14, Article IV, of this constitution. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 5, 2013. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to require the |
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legislature to convene following each regular session of the |
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legislature to consider the repeal of laws enacted during that |
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regular session or during a special session immediately following |
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that regular session." |