By: Bonnen of Galveston H.J.R. No. 128
A JOINT RESOLUTION
proposing a constitutional amendment to require the legislature to
convene following each regular session of the legislature to
consider the repeal of laws enacted during that regular session or
at a subsequent special session.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5(a), Article III, Texas Constitution,
is amended to read as follows:
(a) The Legislature shall meet in regular session
every two
years at such time as may be provided by law, in a session to repeal
recently enacted laws as provided by Section 40(b) of this article,
and at other times when convened by the Governor.
SECTION 2. Section 40, Article III, Texas Constitution, is
amended to read as follows:
Sec. 40. (a) When the Legislature shall be convened in
special session, there shall be no legislation upon subjects other
than those designated in the proclamation of the Governor calling
such session, or presented to them by the Governor; and no such
session shall be of longer duration than thirty days.
(b) The Legislature shall convene at 10 a.m. on the first
Tuesday following the 60th day after the date of final adjournment
of a regular session, for a period not to exceed three consecutive
days, to consider the repeal of laws passed during that regular
session or during a subsequent special session. During this period
the Governor may not call the Legislature into special session and
the Legislature may not consider any subject other than the repeal
of laws passed during the preceding regular session or subsequent
special session or emergency matters submitted by the Governor. A
member of either house may introduce a bill to repeal a law, or to
repeal an item of appropriation in an appropriation act, passed
during the preceding regular session or subsequent special session
that would not otherwise change existing law or create new law.
Acts may only be considered during this session for the purposes of
correcting typographical errors in the original act that are
clearly contrary to the intent of the act, as determined
exclusively by each house, or to void the act, or in the case of a
general appropriations act that limits consideration to certain
items of appropriation, to void one or more items of appropriation
identified in the petition. The bill when introduced must include
the signatures of at least 76 members of the house of
representatives if the author of the bill is a representative, or
at least 21 members of the senate if the author of the bill is a
senator. The bill may not be referred to a committee of either
house but shall be considered directly by the house in which the
bill was introduced and then, if passed by that house, by the other
house. The Legislature may not amend the bill. If passed by both
houses in the manner provided by Section 32 of this article, the
bill shall be sent to the Governor for approval or disapproval as
provided by Section 14, Article IV, of this constitution.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 5, 2013.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment to require the
legislature to convene following each regular session of the
legislature to consider the repeal of laws enacted during that
regular session or during a special session immediately following
that regular session."