| |
| |
|
|
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 the Governor approves of the bill, the Governor [he |
|
|
approve he] shall sign it. If the Governor disapproves of the bill, |
|
|
the Governor [; but if he disapprove it, he] shall return it, with |
|
|
[his] objections, to the House in which it originated. The House to |
|
|
which the bill is returned [, which House] shall enter the |
|
|
objections at large upon its journal, and proceed to reconsider the |
|
|
bill [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. If [; and, if] approved by two-thirds of the members |
|
|
of that House, the bill [it] shall become a law. In [; 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 the Governor [him], the same shall be a law, |
|
|
in like manner as if [he had] signed by the Governor [it], unless |
|
|
the Legislature, by its adjournment, prevent its return, in which |
|
|
case it shall be a law, unless the Governor [he] shall file the bill |
|
|
[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, the Governor [he] may object to one or more |
|
|
of such items, and approve the other portion of the bill. In such |
|
|
case the Governor [he] shall append to the bill [Bill], at the time |
|
|
of signing it, a statement of the items to which the Governor [he] |
|
|
objects, and no item so objected to shall take effect. If the |
|
|
Legislature be in session, the Governor [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, the Governor [he] shall have twenty days from such |
|
|
adjournment within which to file objections to any items thereof in |
|
|
the office of the Secretary of State and make proclamation of the |
|
|
same, and such item or items shall not take effect. |
|
|
(d) On the call of the presiding officers of both Houses of |
|
|
the Legislature as provided by Subsection (e) of this section, the |
|
|
Legislature shall convene 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 in the office of the Secretary of State after |
|
|
the adjournment of the session at which the bill was passed. |
|
|
(e) Not later than the fifth day following the last day on |
|
|
which the Governor is authorized to file a disapproval of a bill or |
|
|
objection to an item of appropriation in the office of the Secretary |
|
|
of State under this section after adjournment of the Legislature, a |
|
|
member of either House in writing filed with the chief clerk or |
|
|
secretary of that House may request the presiding officer of that |
|
|
House to call the Legislature into session as provided by |
|
|
Subsection (f) of this section to reconsider one or more bills or |
|
|
items of appropriation described by Subsection (d) of this section. |
|
|
If and only if a majority of the members of either House file |
|
|
requests with the applicable chief clerk or secretary within that |
|
|
period, the presiding officers of both Houses shall jointly call |
|
|
the Legislature into session for purposes of Subsection (d). |
|
|
(f) The period for reconsideration under Subsection (d) of |
|
|
this section begins at 10 a.m. on the second Tuesday following the |
|
|
last day on which the Governor is authorized to file a disapproval |
|
|
or objection in the office of 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 7, 2023. |
|
|
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." |