Proposing a constitutional amendment to allow the legislature to override a veto of the governor following a regular session of the legislature.

89(R) SJR 39 - Engrossed version - Bill Text

By: Birdwell, Eckhardt

S.J.R. No. 39

SENATE JOINT RESOLUTION

proposing a constitutional amendment to allow the legislature to

override a veto of the governor following a regular session of the

legislature.

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)

Subsection (e) of this section 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)

The Legislature shall meet at 10 a.m. on the 22nd 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.

The period for reconsideration may

not exceed five consecutive days, Sundays excepted. 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 to

which this subsection applies. 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,

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 must

first be reconsidered by that House, regardless of whether the bill

or item of appropriation originated in that House.

SECTION 2. This proposed constitutional amendment shall be

submitted to the voters at an election to be held November 4, 2025.

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 regular

session of the legislature."