By: Elkins, et al. (Senate Sponsor - Wentworth) H.J.R. No. 29
(In the Senate - Received from the House April 2, 2009;
April 15, 2009, read first time and referred to Committee on State
Affairs; May 14, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 1;
May 14, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.J.R. No. 29 By: Lucio
HOUSE 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 he approve he shall sign it; but if he disapprove it,
he shall return it, with his objections, to the House in which it
originated, which House shall enter the objections at large upon
its journal, and proceed to reconsider 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; and, if approved by
two-thirds of the members of that House, it shall become a law; 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 him, the same shall be a law, in like manner
as if he had signed it, unless the Legislature, by its adjournment,
prevent its return, in which case it shall be a law, unless he shall
file the 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 he may object to one or more of such items,
and approve the other portion of the bill. In such case he shall
append to the bill, at the time of signing it, a statement of the
items to which he objects, and no item so objected to shall take
effect. If the Legislature be in session, 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, he shall have twenty days from such adjournment within
which to file objections to any items thereof 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 with 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 with 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 with 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 3, 2009.
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."
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