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A JOINT RESOLUTION
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proposing a constitutional amendment to allow the legislature to |
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override a veto of the governor following a legislative session. |
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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. |
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(b) If any bill shall not be returned by the Governor with |
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[his] objections within ten days (Sundays excepted) after it shall |
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have been presented to the Governor [him], the same shall be a law, |
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in like manner as if [he had] signed by the Governor [it], unless |
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the Legislature, by its adjournment, prevent its return, in which |
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case it shall be a law, unless the Governor [he] shall file the bill |
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[same], with [his] objections, in the office of the Secretary of |
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State and give notice thereof by public proclamation within twenty |
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days after such adjournment. |
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(c) 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 [Bill], at the time |
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of 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 in |
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the office of the Secretary of State and make proclamation of the |
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same, and such item or items shall not take effect. |
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(d) On the call of the presiding officers of both Houses of |
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the Legislature as provided by Subsection (e) of this section, the |
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Legislature shall convene to reconsider any bill disapproved by the |
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Governor under Subsection (a) of this section or any item of |
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appropriation in a bill to which the Governor objects under |
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Subsection (c) of this section if the bill or statement of objection |
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to the item of appropriation is: |
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(1) returned to the House in which the bill originated |
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on or after the third day before the date of adjournment of the |
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session at which the bill was passed; or |
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(2) filed in the office of the Secretary of State after |
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the adjournment of the session at which the bill was passed. |
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(e) Not later than the fifth day following the last day on |
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which the Governor is authorized to file a disapproval of a bill or |
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objection to an item of appropriation in the office of the Secretary |
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of State under this section after adjournment of the Legislature, a |
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member of either House in writing filed with the chief clerk or |
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secretary of that House may request the presiding officer of that |
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House to call the Legislature into session as provided by |
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Subsection (f) of this section to reconsider one or more bills or |
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items of appropriation described by Subsection (d) of this section. |
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If and only if a majority of the members of either House file |
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requests with the applicable chief clerk or secretary within that |
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period, the presiding officers of both Houses shall jointly call |
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the Legislature into session for purposes of Subsection (d). |
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(f) The period for reconsideration under Subsection (d) of |
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this section begins at 10 a.m. on the second Tuesday following the |
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last day on which the Governor is authorized to file a disapproval |
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or objection in the office of the Secretary of State and may not |
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exceed three consecutive days. During this period, unless the |
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Legislature has been called into special session by the Governor, |
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the Legislature may not consider any subject other than the |
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reconsideration of bills or items of appropriation described by |
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Subsection (d) of this section. Reconsideration of a bill or item |
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of appropriation during this period is conducted in the manner |
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provided by Subsection (a) or (c) of this section, as applicable. |
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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 7, 2023. |
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The ballot shall be printed to provide for voting for or against the |
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proposition: "The constitutional amendment to allow the |
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legislature to override a veto of the governor following a |
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legislative session." |