1 | 1 | | By: Elkins, et al. (Senate Sponsor - Wentworth) H.J.R. No. 29 |
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2 | 2 | | (In the Senate - Received from the House April 2, 2009; |
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3 | 3 | | April 15, 2009, read first time and referred to Committee on State |
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4 | 4 | | Affairs; May 14, 2009, reported adversely, with favorable |
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5 | 5 | | Committee Substitute by the following vote: Yeas 8, Nays 1; |
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6 | 6 | | May 14, 2009, sent to printer.) |
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7 | 7 | | COMMITTEE SUBSTITUTE FOR H.J.R. No. 29 By: Lucio |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | HOUSE JOINT RESOLUTION |
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11 | 11 | | proposing a constitutional amendment to allow the legislature to |
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12 | 12 | | override a veto of the governor following a legislative session. |
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13 | 13 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Section 14, Article IV, Texas Constitution, is |
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15 | 15 | | amended to read as follows: |
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16 | 16 | | Sec. 14. (a) Every bill which shall have passed both |
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17 | 17 | | houses of the Legislature shall be presented to the Governor for his |
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18 | 18 | | approval. If he approve he shall sign it; but if he disapprove it, |
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19 | 19 | | he shall return it, with his objections, to the House in which it |
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20 | 20 | | originated, which House shall enter the objections at large upon |
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21 | 21 | | its journal, and proceed to reconsider it. If after such |
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22 | 22 | | reconsideration, two-thirds of the members present agree to pass |
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23 | 23 | | the bill, it shall be sent, with the objections, to the other House, |
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24 | 24 | | by which likewise it shall be reconsidered; and, if approved by |
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25 | 25 | | two-thirds of the members of that House, it shall become a law; but |
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26 | 26 | | in such cases the votes of both Houses shall be determined by yeas |
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27 | 27 | | and nays, and the names of the members voting for and against the |
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28 | 28 | | bill shall be entered on the journal of each House respectively. |
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29 | 29 | | (b) If any bill shall not be returned by the Governor with |
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30 | 30 | | his objections within ten days (Sundays excepted) after it shall |
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31 | 31 | | have been presented to him, the same shall be a law, in like manner |
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32 | 32 | | as if he had signed it, unless the Legislature, by its adjournment, |
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33 | 33 | | prevent its return, in which case it shall be a law, unless he shall |
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34 | 34 | | file the same, with his objections, in the office of the Secretary |
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35 | 35 | | of State and give notice thereof by public proclamation within |
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36 | 36 | | twenty days after such adjournment. |
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37 | 37 | | (c) If any bill presented to the Governor contains several |
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38 | 38 | | items of appropriation he may object to one or more of such items, |
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39 | 39 | | and approve the other portion of the bill. In such case he shall |
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40 | 40 | | append to the bill, at the time of signing it, a statement of the |
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41 | 41 | | items to which he objects, and no item so objected to shall take |
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42 | 42 | | effect. If the Legislature be in session, he shall transmit to the |
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43 | 43 | | House in which the bill originated a copy of such statement and the |
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44 | 44 | | items objected to shall be separately considered. If, on |
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45 | 45 | | reconsideration, one or more of such items be approved by |
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46 | 46 | | two-thirds of the members present of each House, the same shall be |
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47 | 47 | | part of the law, notwithstanding the objections of the Governor. If |
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48 | 48 | | any such bill, containing several items of appropriation, not |
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49 | 49 | | having been presented to the Governor ten days (Sundays excepted) |
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50 | 50 | | prior to adjournment, be in the hands of the Governor at the time of |
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51 | 51 | | adjournment, he shall have twenty days from such adjournment within |
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52 | 52 | | which to file objections to any items thereof and make proclamation |
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53 | 53 | | of the same, and such item or items shall not take effect. |
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54 | 54 | | (d) On the call of the presiding officers of both Houses of |
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55 | 55 | | the Legislature as provided by Subsection (e) of this section, the |
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56 | 56 | | Legislature shall convene to reconsider any bill disapproved by the |
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57 | 57 | | Governor under Subsection (a) of this section or any item of |
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58 | 58 | | appropriation in a bill to which the Governor objects under |
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59 | 59 | | Subsection (c) of this section if the bill or statement of objection |
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60 | 60 | | to the item of appropriation is: |
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61 | 61 | | (1) returned to the House in which the bill originated |
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62 | 62 | | on or after the third day before the date of adjournment of the |
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63 | 63 | | session at which the bill was passed; or |
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64 | 64 | | (2) filed with the Secretary of State after the |
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65 | 65 | | adjournment of the session at which the bill was passed. |
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66 | 66 | | (e) Not later than the fifth day following the last day on |
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67 | 67 | | which the Governor is authorized to file a disapproval of a bill or |
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68 | 68 | | objection to an item of appropriation with the Secretary of State |
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69 | 69 | | under this section after adjournment of the Legislature, a member |
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70 | 70 | | of either House in writing filed with the chief clerk or secretary |
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71 | 71 | | of that House may request the presiding officer of that House to |
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72 | 72 | | call the Legislature into session as provided by Subsection (f) of |
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73 | 73 | | this section to reconsider one or more bills or items of |
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74 | 74 | | appropriation described by Subsection (d) of this section. If and |
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75 | 75 | | only if a majority of the members of either House file requests with |
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76 | 76 | | the applicable chief clerk or secretary within that period, the |
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77 | 77 | | presiding officers of both Houses shall jointly call the |
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78 | 78 | | Legislature into session for purposes of Subsection (d). |
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79 | 79 | | (f) The period for reconsideration under Subsection (d) of |
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80 | 80 | | this section begins at 10 a.m. on the second Tuesday following the |
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81 | 81 | | last day on which the Governor is authorized to file a disapproval |
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82 | 82 | | or objection with the Secretary of State and may not exceed three |
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83 | 83 | | consecutive days. During this period, unless the Legislature has |
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84 | 84 | | been called into special session by the Governor, the Legislature |
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85 | 85 | | may not consider any subject other than the reconsideration of |
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86 | 86 | | bills or items of appropriation described by Subsection (d) of this |
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87 | 87 | | section. Reconsideration of a bill or item of appropriation during |
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88 | 88 | | this period is conducted in the manner provided by Subsection (a) or |
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89 | 89 | | (c) of this section, as applicable. |
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90 | 90 | | SECTION 2. This proposed constitutional amendment shall be |
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91 | 91 | | submitted to the voters at an election to be held November 3, 2009. |
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92 | 92 | | The ballot shall be printed to provide for voting for or against the |
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93 | 93 | | proposition: "The constitutional amendment to allow the |
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94 | 94 | | legislature to override a veto of the governor following a |
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95 | 95 | | legislative session." |
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96 | 96 | | * * * * * |
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