BILL ANALYSIS Senate Research Center S.J.R. 39 89R3315 TJB-D By: Birdwell State Affairs 3/26/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Although the Texas Legislature has the constitutional power to override a governor's veto, the legislature's part-time nature restricts its ability to exercise this power. Nearly all pieces of legislation that are vetoed by the governor are vetoed following the adjournment of a regular session, which means the legislature is unable to make an attempt to override a governor's veto. The legislature needs a mechanism to re-establish the checks and balances of Texas government. Legislation that was passed by an overwhelming majority, such as a two-thirds vote, reflects the importance of an issue to the constituents of the state. The legislature's ability to convene a veto session will give Texas the opportunity to pass legislation that was favorable to a two-thirds majority, without having to wait until the following regular session convenes. S.J.R. 39 proposes a constitutional amendment to allow the legislature to override a veto of the governor following a regular session of the legislature. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 14, Article IV, Texas Constitution, as follows: Sec. 14. (a) Creates this subsection from existing text and makes nonsubstantive changes. (b) Creates this subsection from existing text and makes nonsubstantive changes. (c) Creates this subsection from existing text. Requires 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, to 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 governor's objections of one or more items of appropriation, and prohibits such item or items from taking effect. Makes nonsubstantive changes. (d) Provides that Subsection (e) of Section 14 (Approval or Veto of Bills; Return and Reconsideration; Failure to Return; Veto of Items of Appropriation) applies only to a bill or item of appropriation that was: (1) passed by the legislature during a regular session and received at least two-thirds vote of the members present in at least one house or, for an item of appropriation, was contained in a bill that passed as described by this subdivision; (2) disapproved or objected to by the governor on or after the 10th day before the date the legislature adjourned the regular session; and (3) not reconsidered under this section by both houses during that session. (e) Requires the legislature to meet at 10 a.m. on the 30th day following the date the legislature adjourns each regular session to reconsider any bill or item of appropriation to which this subsection applies, but only if there are such bills or items of appropriation to reconsider. Prohibits the period for reconsideration from exceeding five consecutive days, Sundays excepted. Prohibits the legislature, during this period, unless the legislature has been called into special session by the governor, from considering any subject other than the reconsideration of bills or items of appropriation to which this subsection applies. Provides that reconsideration of a bill or item of appropriation during this period is conducted in the manner provided by Subsection (a) (relating to the reconsideration of a bill following the disapproval of the governor) or (c) of this section, as applicable, except that a bill or item of appropriation disapproved or objected to by the governor after the legislature adjourns that was passed by at least two-thirds of the members present in only one house is required to first be reconsidered by that house, regardless of whether the bill or item of appropriation originated in that house. SECTION 2. Requires that the proposed constitutional amendment be submitted to the voters at an election to be held November 4, 2025. Sets forth the required language of the ballot.
BILL ANALYSIS
Senate Research Center S.J.R. 39
89R3315 TJB-D By: Birdwell
State Affairs
3/26/2025
As Filed
Senate Research Center
S.J.R. 39
89R3315 TJB-D
By: Birdwell
State Affairs
3/26/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Although the Texas Legislature has the constitutional power to override a governor's veto, the legislature's part-time nature restricts its ability to exercise this power. Nearly all pieces of legislation that are vetoed by the governor are vetoed following the adjournment of a regular session, which means the legislature is unable to make an attempt to override a governor's veto.
The legislature needs a mechanism to re-establish the checks and balances of Texas government. Legislation that was passed by an overwhelming majority, such as a two-thirds vote, reflects the importance of an issue to the constituents of the state. The legislature's ability to convene a veto session will give Texas the opportunity to pass legislation that was favorable to a two-thirds majority, without having to wait until the following regular session convenes.
S.J.R. 39 proposes a constitutional amendment to allow the legislature to override a veto of the governor following a regular session of the legislature.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 14, Article IV, Texas Constitution, as follows:
Sec. 14. (a) Creates this subsection from existing text and makes nonsubstantive changes.
(b) Creates this subsection from existing text and makes nonsubstantive changes.
(c) Creates this subsection from existing text. Requires 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, to 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 governor's objections of one or more items of appropriation, and prohibits such item or items from taking effect. Makes nonsubstantive changes.
(d) Provides that Subsection (e) of Section 14 (Approval or Veto of Bills; Return and Reconsideration; Failure to Return; Veto of Items of Appropriation) applies only to a bill or item of appropriation that was:
(1) passed by the legislature during a regular session and received at least two-thirds vote of the members present in at least one house or, for an item of appropriation, was contained in a bill that passed as described by this subdivision;
(2) disapproved or objected to by the governor on or after the 10th day before the date the legislature adjourned the regular session; and
(3) not reconsidered under this section by both houses during that session.
(e) Requires the legislature to meet at 10 a.m. on the 30th day following the date the legislature adjourns each regular session to reconsider any bill or item of appropriation to which this subsection applies, but only if there are such bills or items of appropriation to reconsider. Prohibits the period for reconsideration from exceeding five consecutive days, Sundays excepted. Prohibits the legislature, during this period, unless the legislature has been called into special session by the governor, from considering any subject other than the reconsideration of bills or items of appropriation to which this subsection applies. Provides that reconsideration of a bill or item of appropriation during this period is conducted in the manner provided by Subsection (a) (relating to the reconsideration of a bill following the disapproval of the governor) or (c) of this section, as applicable, except that a bill or item of appropriation disapproved or objected to by the governor after the legislature adjourns that was passed by at least two-thirds of the members present in only one house is required to first be reconsidered by that house, regardless of whether the bill or item of appropriation originated in that house.
SECTION 2. Requires that the proposed constitutional amendment be submitted to the voters at an election to be held November 4, 2025. Sets forth the required language of the ballot.