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A JOINT RESOLUTION
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proposing a constitutional amendment prohibiting the governor from |
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vetoing an item of appropriation made to the legislative or |
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judicial branch of state government, including to an agency the |
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primary purpose of which is to assist those branches of government. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 14, Article IV, Texas Constitution, is |
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amended to read as follows: |
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Sec. 14. (a) Every bill which shall have passed both houses |
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of the Legislature shall be presented to the Governor for [his] |
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approval. If the Governor approves of the bill, the Governor [he |
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approve he] shall sign it. If the Governor disapproves of the bill, |
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the Governor [; but if he disapprove it, he] shall return it, with |
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[his] objections, to the House in which it originated. The House to |
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which the bill is returned [, which House] shall enter the |
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objections at large upon its journal, and proceed to reconsider the |
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bill [it]. If after [such] reconsideration [,] two-thirds of the |
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members present agree to pass the bill, it shall be sent, with the |
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objections, to the other House, by which likewise it shall be |
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reconsidered. If [; and, if] approved by two-thirds of the members |
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of that House, the bill [it] shall become a law. In [; but in] such |
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cases the votes of both Houses shall be determined by yeas and nays, |
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and the names of the members voting for and against the bill shall |
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be entered on the journal of each House respectively. If any bill |
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shall not be returned by the Governor with [his] objections within |
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ten days (Sundays excepted) after it shall have been presented to |
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the Governor [him], the same shall be a law, in like manner as if [he |
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had] signed by the Governor [it], unless the Legislature, by its |
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adjournment, prevent its return, in which case it shall be a law, |
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unless the Governor [he] shall file the bill [same], with [his] |
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objections, in the office of the Secretary of State and give notice |
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thereof by public proclamation within twenty days after such |
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adjournment. |
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(b) If any bill presented to the Governor contains several |
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items of appropriation, the Governor [he] may object to one or more |
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of such items, and approve the other portion of the bill. In such |
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case the Governor [he] shall append to the bill, at the time of |
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signing it, a statement of the items to which the Governor [he] |
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objects, and no item so objected to shall take effect. If the |
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Legislature be in session, the Governor [he] shall transmit to the |
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House in which the bill originated a copy of such statement and the |
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items objected to shall be separately considered. If, on |
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reconsideration, one or more of such items be approved by |
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two-thirds of the members present of each House, the same shall be |
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part of the law, notwithstanding the objections of the Governor. If |
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any such bill, containing several items of appropriation, not |
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having been presented to the Governor ten days (Sundays excepted) |
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prior to adjournment, be in the hands of the Governor at the time of |
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adjournment, the Governor [he] shall have twenty days from such |
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adjournment within which to file objections to any items thereof |
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and make proclamation of the same, and such item or items shall not |
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take effect. |
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(c) Notwithstanding Subsection (b) of this section, in |
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order to give effect to the division of the powers of the government |
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of this state into three distinct departments as provided in |
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Section 1, Article II, of this constitution, the Governor may not |
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object in any bill presented to the Governor that contains several |
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items of appropriation to an item of appropriation made to the |
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Legislative or Judicial department of government, including an item |
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of appropriation made to an agency the primary purpose of which is |
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to assist the Legislative or Judicial department of government in |
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the exercise of the powers properly attached to either department. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 2, 2021. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment prohibiting the |
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governor from vetoing an item of appropriation made to the |
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legislative or judicial branch of state government, including to an |
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agency the primary purpose of which is to assist the legislative or |
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judicial branch in the exercise of its powers." |