Texas 2023 - 88th Regular

Texas House Bill HJR148 Compare Versions

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1	1	88R13935 TJB-D
2	2	By: Plesa H.J.R. No. 148
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment to allow the legislature to
7	7	override a veto of the governor following a legislative session.
8	8	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 14, Article IV, Texas Constitution, is
10	10	amended to read as follows:
11	11	Sec. 14. (a) Every bill which shall have passed both houses
12	12	of the Legislature shall be presented to the Governor for [his]
13	13	approval. If the Governor approves of the bill, the Governor [he
14	14	approve he] shall sign it. If the Governor disapproves of the bill,
15	15	the Governor [; but if he disapprove it, he] shall return it, with
16	16	[his] objections, to the House in which it originated. The House to
17	17	which the bill is returned [, which House] shall enter the
18	18	objections at large upon its journal, and proceed to reconsider the
19	19	bill [it]. If after [such] reconsideration [,] two-thirds of the
20	20	members present agree to pass the bill, it shall be sent, with the
21	21	objections, to the other House, by which likewise it shall be
22	22	reconsidered. If [; and, if] approved by two-thirds of the members
23	23	of that House, the bill [it] shall become a law. In [; but in] such
24	24	cases the votes of both Houses shall be determined by yeas and nays,
25	25	and the names of the members voting for and against the bill shall
26	26	be entered on the journal of each House respectively.
27	27	(b) If any bill shall not be returned by the Governor with
28	28	[his] objections within ten days (Sundays excepted) after it shall
29	29	have been presented to the Governor [him], the same shall be a law,
30	30	in like manner as if [he had] signed by the Governor [it], unless
31	31	the Legislature, by its adjournment, prevent its return, in which
32	32	case it shall be a law, unless the Governor [he] shall file the bill
33	33	[same], with [his] objections, in the office of the Secretary of
34	34	State and give notice thereof by public proclamation within twenty
35	35	days after such adjournment.
36	36	(c) If any bill presented to the Governor contains several
37	37	items of appropriation, the Governor [he] may object to one or more
38	38	of such items, and approve the other portion of the bill. In such
39	39	case the Governor [he] shall append to the bill [Bill], at the time
40	40	of signing it, a statement of the items to which the Governor [he]
41	41	objects, and no item so objected to shall take effect. If the
42	42	Legislature be in session, the Governor [he] shall transmit to the
43	43	House in which the bill originated a copy of such statement and the
44	44	items objected to shall be separately considered. If, on
45	45	reconsideration, one or more of such items be approved by
46	46	two-thirds of the members present of each House, the same shall be
47	47	part of the law, notwithstanding the objections of the Governor. If
48	48	any such bill, containing several items of appropriation, not
49	49	having been presented to the Governor ten days (Sundays excepted)
50	50	prior to adjournment, be in the hands of the Governor at the time of
51	51	adjournment, the Governor [he] shall have twenty days from such
52	52	adjournment within which to file objections to any items thereof in
53	53	the office of the Secretary of State and make proclamation of the
54	54	same, and such item or items shall not take effect.
55	55	(d) On the call of the presiding officers of both Houses of
56	56	the Legislature as provided by Subsection (e) of this section, the
57	57	Legislature shall convene to reconsider any bill disapproved by the
58	58	Governor under Subsection (a) of this section or any item of
59	59	appropriation in a bill to which the Governor objects under
60	60	Subsection (c) of this section if the bill or statement of objection
61	61	to the item of appropriation is:
62	62	(1) returned to the House in which the bill originated
63	63	on or after the third day before the date of adjournment of the
64	64	session at which the bill was passed; or
65	65	(2) filed in the office of the Secretary of State after
66	66	the adjournment of the session at which the bill was passed.
67	67	(e) Not later than the fifth day following the last day on
68	68	which the Governor is authorized to file a disapproval of a bill or
69	69	objection to an item of appropriation in the office of the Secretary
70	70	of State under this section after adjournment of the Legislature, a
71	71	member of either House in writing filed with the chief clerk or
72	72	secretary of that House may request the presiding officer of that
73	73	House to call the Legislature into session as provided by
74	74	Subsection (f) of this section to reconsider one or more bills or
75	75	items of appropriation described by Subsection (d) of this section.
76	76	If and only if a majority of the members of either House file
77	77	requests with the applicable chief clerk or secretary within that
78	78	period, the presiding officers of both Houses shall jointly call
79	79	the Legislature into session for purposes of Subsection (d).
80	80	(f) The period for reconsideration under Subsection (d) of
81	81	this section begins at 10 a.m. on the second Tuesday following the
82	82	last day on which the Governor is authorized to file a disapproval
83	83	or objection in the office of the Secretary of State and may not
84	84	exceed three consecutive days. During this period, unless the
85	85	Legislature has been called into special session by the Governor,
86	86	the Legislature may not consider any subject other than the
87	87	reconsideration of bills or items of appropriation described by
88	88	Subsection (d) of this section. Reconsideration of a bill or item
89	89	of appropriation during this period is conducted in the manner
90	90	provided by Subsection (a) or (c) of this section, as applicable.
91	91	SECTION 2. This proposed constitutional amendment shall be
92	92	submitted to the voters at an election to be held November 7, 2023.
93	93	The ballot shall be printed to provide for voting for or against the
94	94	proposition: "The constitutional amendment to allow the
95	95	legislature to override a veto of the governor following a
96	96	legislative session."