| 1 | 1 | | 87S10181 CJC-D |
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| 2 | 2 | | By: Martinez H.J.R. No. 20 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment prohibiting the governor from |
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| 7 | 7 | | vetoing an item of appropriation made to the legislative or |
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| 8 | 8 | | judicial branch of state government, including to an agency the |
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| 9 | 9 | | primary purpose of which is to assist those branches of government. |
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| 10 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 14, Article IV, Texas Constitution, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Sec. 14. (a) Every bill which shall have passed both houses |
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| 14 | 14 | | of the Legislature shall be presented to the Governor for [his] |
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| 15 | 15 | | approval. If the Governor approves of the bill, the Governor [he |
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| 16 | 16 | | approve he] shall sign it. If the Governor disapproves of the bill, |
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| 17 | 17 | | the Governor [; but if he disapprove it, he] shall return it, with |
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| 18 | 18 | | [his] objections, to the House in which it originated. The House to |
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| 19 | 19 | | which the bill is returned [, which House] shall enter the |
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| 20 | 20 | | objections at large upon its journal, and proceed to reconsider the |
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| 21 | 21 | | bill [it]. If after [such] reconsideration [,] two-thirds of the |
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| 22 | 22 | | members present agree to pass the bill, it shall be sent, with the |
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| 23 | 23 | | objections, to the other House, by which likewise it shall be |
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| 24 | 24 | | reconsidered. If [; and, if] approved by two-thirds of the members |
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| 25 | 25 | | of that House, the bill [it] shall become a law. In [; but in] such |
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| 26 | 26 | | cases the votes of both Houses shall be determined by yeas and nays, |
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| 27 | 27 | | and the names of the members voting for and against the bill shall |
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| 28 | 28 | | be entered on the journal of each House respectively. If any bill |
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| 29 | 29 | | shall not be returned by the Governor with [his] objections within |
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| 30 | 30 | | ten days (Sundays excepted) after it shall have been presented to |
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| 31 | 31 | | the Governor [him], the same shall be a law, in like manner as if [he |
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| 32 | 32 | | had] signed by the Governor [it], unless the Legislature, by its |
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| 33 | 33 | | adjournment, prevent its return, in which case it shall be a law, |
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| 34 | 34 | | unless the Governor [he] shall file the bill [same], with [his] |
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| 35 | 35 | | objections, in the office of the Secretary of State and give notice |
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| 36 | 36 | | thereof by public proclamation within twenty days after such |
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| 37 | 37 | | adjournment. |
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| 38 | 38 | | (b) If any bill presented to the Governor contains several |
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| 39 | 39 | | items of appropriation, the Governor [he] may object to one or more |
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| 40 | 40 | | of such items, and approve the other portion of the bill. In such |
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| 41 | 41 | | case the Governor [he] shall append to the bill, at the time of |
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| 42 | 42 | | signing it, a statement of the items to which the Governor [he] |
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| 43 | 43 | | objects, and no item so objected to shall take effect. If the |
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| 44 | 44 | | Legislature be in session, the Governor [he] shall transmit to the |
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| 45 | 45 | | House in which the bill originated a copy of such statement and the |
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| 46 | 46 | | items objected to shall be separately considered. If, on |
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| 47 | 47 | | reconsideration, one or more of such items be approved by |
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| 48 | 48 | | two-thirds of the members present of each House, the same shall be |
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| 49 | 49 | | part of the law, notwithstanding the objections of the Governor. If |
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| 50 | 50 | | any such bill, containing several items of appropriation, not |
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| 51 | 51 | | having been presented to the Governor ten days (Sundays excepted) |
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| 52 | 52 | | prior to adjournment, be in the hands of the Governor at the time of |
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| 53 | 53 | | adjournment, the Governor [he] shall have twenty days from such |
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| 54 | 54 | | adjournment within which to file objections to any items thereof |
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| 55 | 55 | | and make proclamation of the same, and such item or items shall not |
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| 56 | 56 | | take effect. |
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| 57 | 57 | | (c) Notwithstanding Subsection (b) of this section, in |
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| 58 | 58 | | order to give effect to the division of the powers of the government |
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| 59 | 59 | | of this state into three distinct departments as provided in |
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| 60 | 60 | | Section 1, Article II, of this constitution, the Governor may not |
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| 61 | 61 | | object in any bill presented to the Governor that contains several |
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| 62 | 62 | | items of appropriation to an item of appropriation made to the |
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| 63 | 63 | | Legislative or Judicial department of government, including an item |
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| 64 | 64 | | of appropriation made to an agency the primary purpose of which is |
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| 65 | 65 | | to assist the Legislative or Judicial department of government in |
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| 66 | 66 | | the exercise of the powers properly attached to either department. |
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| 67 | 67 | | SECTION 2. This proposed constitutional amendment shall be |
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| 68 | 68 | | submitted to the voters at an election to be held November 2, 2021. |
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| 69 | 69 | | The ballot shall be printed to permit voting for or against the |
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| 70 | 70 | | proposition: "The constitutional amendment prohibiting the |
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| 71 | 71 | | governor from vetoing an item of appropriation made to the |
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| 72 | 72 | | legislative or judicial branch of state government, including to an |
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| 73 | 73 | | agency the primary purpose of which is to assist the legislative or |
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| 74 | 74 | | judicial branch in the exercise of its powers." |
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