88R13935 TJB-D
By: Plesa H.J.R. No. 148
A 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 the Governor approves of the bill, the Governor [he
approve he] shall sign it. If the Governor disapproves of the bill,
the Governor [; but if he disapprove it, he] shall return it, with
[his] objections, to the House in which it originated. The House to
which the bill is returned [, which House] shall enter the
objections at large upon its journal, and proceed to reconsider the
bill [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. If [; and, if] approved by two-thirds of the members
of that House, the bill [it] shall become a law. In [; 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 the Governor [him], the same shall be a law,
in like manner as if [he had] signed by the Governor [it], unless
the Legislature, by its adjournment, prevent its return, in which
case it shall be a law, unless the Governor [he] shall file the bill
[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, the Governor [he] may object to one or more
of such items, and approve the other portion of the bill. In such
case the Governor [he] shall append to the bill [Bill], at the time
of signing it, a statement of the items to which the Governor [he]
objects, and no item so objected to shall take effect. If the
Legislature be in session, the Governor [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, the Governor [he] shall have twenty days from such
adjournment within which to file objections to any items thereof in
the office of the Secretary of State 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 in the office of 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 in the office of 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 in the office of 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 7, 2023.
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."