Texas 2009 - 81st Regular

Texas House Bill HJR29 Compare Versions

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11 By: Elkins, et al. (Senate Sponsor - Wentworth) H.J.R. No. 29
22 (In the Senate - Received from the House April 2, 2009;
33 April 15, 2009, read first time and referred to Committee on State
44 Affairs; May 14, 2009, reported adversely, with favorable
55 Committee Substitute by the following vote: Yeas 8, Nays 1;
66 May 14, 2009, sent to printer.)
77 COMMITTEE SUBSTITUTE FOR H.J.R. No. 29 By: Lucio
88
99
1010 HOUSE JOINT RESOLUTION
1111 proposing a constitutional amendment to allow the legislature to
1212 override a veto of the governor following a legislative session.
1313 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Section 14, Article IV, Texas Constitution, is
1515 amended to read as follows:
1616 Sec. 14. (a) Every bill which shall have passed both
1717 houses of the Legislature shall be presented to the Governor for his
1818 approval. If he approve he shall sign it; but if he disapprove it,
1919 he shall return it, with his objections, to the House in which it
2020 originated, which House shall enter the objections at large upon
2121 its journal, and proceed to reconsider it. If after such
2222 reconsideration, two-thirds of the members present agree to pass
2323 the bill, it shall be sent, with the objections, to the other House,
2424 by which likewise it shall be reconsidered; and, if approved by
2525 two-thirds of the members of that House, it shall become a law; but
2626 in such cases the votes of both Houses shall be determined by yeas
2727 and nays, and the names of the members voting for and against the
2828 bill shall be entered on the journal of each House respectively.
2929 (b) If any bill shall not be returned by the Governor with
3030 his objections within ten days (Sundays excepted) after it shall
3131 have been presented to him, the same shall be a law, in like manner
3232 as if he had signed it, unless the Legislature, by its adjournment,
3333 prevent its return, in which case it shall be a law, unless he shall
3434 file the same, with his objections, in the office of the Secretary
3535 of State and give notice thereof by public proclamation within
3636 twenty days after such adjournment.
3737 (c) If any bill presented to the Governor contains several
3838 items of appropriation he may object to one or more of such items,
3939 and approve the other portion of the bill. In such case he shall
4040 append to the bill, at the time of signing it, a statement of the
4141 items to which he objects, and no item so objected to shall take
4242 effect. If the Legislature be in session, he shall transmit to the
4343 House in which the bill originated a copy of such statement and the
4444 items objected to shall be separately considered. If, on
4545 reconsideration, one or more of such items be approved by
4646 two-thirds of the members present of each House, the same shall be
4747 part of the law, notwithstanding the objections of the Governor. If
4848 any such bill, containing several items of appropriation, not
4949 having been presented to the Governor ten days (Sundays excepted)
5050 prior to adjournment, be in the hands of the Governor at the time of
5151 adjournment, he shall have twenty days from such adjournment within
5252 which to file objections to any items thereof and make proclamation
5353 of the same, and such item or items shall not take effect.
5454 (d) On the call of the presiding officers of both Houses of
5555 the Legislature as provided by Subsection (e) of this section, the
5656 Legislature shall convene to reconsider any bill disapproved by the
5757 Governor under Subsection (a) of this section or any item of
5858 appropriation in a bill to which the Governor objects under
5959 Subsection (c) of this section if the bill or statement of objection
6060 to the item of appropriation is:
6161 (1) returned to the House in which the bill originated
6262 on or after the third day before the date of adjournment of the
6363 session at which the bill was passed; or
6464 (2) filed with the Secretary of State after the
6565 adjournment of the session at which the bill was passed.
6666 (e) Not later than the fifth day following the last day on
6767 which the Governor is authorized to file a disapproval of a bill or
6868 objection to an item of appropriation with the Secretary of State
6969 under this section after adjournment of the Legislature, a member
7070 of either House in writing filed with the chief clerk or secretary
7171 of that House may request the presiding officer of that House to
7272 call the Legislature into session as provided by Subsection (f) of
7373 this section to reconsider one or more bills or items of
7474 appropriation described by Subsection (d) of this section. If and
7575 only if a majority of the members of either House file requests with
7676 the applicable chief clerk or secretary within that period, the
7777 presiding officers of both Houses shall jointly call the
7878 Legislature into session for purposes of Subsection (d).
7979 (f) The period for reconsideration under Subsection (d) of
8080 this section begins at 10 a.m. on the second Tuesday following the
8181 last day on which the Governor is authorized to file a disapproval
8282 or objection with the Secretary of State and may not exceed three
8383 consecutive days. During this period, unless the Legislature has
8484 been called into special session by the Governor, the Legislature
8585 may not consider any subject other than the reconsideration of
8686 bills or items of appropriation described by Subsection (d) of this
8787 section. Reconsideration of a bill or item of appropriation during
8888 this period is conducted in the manner provided by Subsection (a) or
8989 (c) of this section, as applicable.
9090 SECTION 2. This proposed constitutional amendment shall be
9191 submitted to the voters at an election to be held November 3, 2009.
9292 The ballot shall be printed to provide for voting for or against the
9393 proposition: "The constitutional amendment to allow the
9494 legislature to override a veto of the governor following a
9595 legislative session."
9696 * * * * *