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A JOINT RESOLUTION
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proposing a constitutional amendment to allow the legislature to |
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override a veto of the governor following a legislative session. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 14, Article IV, Texas Constitution, is |
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amended to read as follows: |
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Sec. 14. (a) Every bill which shall have passed both |
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houses of the Legislature shall be presented to the Governor for his |
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approval. If he approve he shall sign it; but if he disapprove it, |
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he shall return it, with his objections, to the House in which it |
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originated, which House shall enter the objections at large upon |
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its journal, and proceed to reconsider it. If after such |
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reconsideration, two-thirds of the members present agree to pass |
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the bill, it shall be sent, with the objections, to the other House, |
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by which likewise it shall be reconsidered; and, if approved by |
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two-thirds of the members of that House, it shall become a law; but |
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in such cases the votes of both Houses shall be determined by yeas |
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and nays, and the names of the members voting for and against the |
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bill shall be entered on the journal of each House respectively. |
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(b) If any bill shall not be returned by the Governor with |
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his objections within ten days (Sundays excepted) after it shall |
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have been presented to him, the same shall be a law, in like manner |
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as if he had signed it, unless the Legislature, by its adjournment, |
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prevent its return, in which case it shall be a law, unless he shall |
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file the same, with his objections, in the office of the Secretary |
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of State and give notice thereof by public proclamation within |
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twenty days after such adjournment. |
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(c) If any bill presented to the Governor contains several |
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items of appropriation he may object to one or more of such items, |
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and approve the other portion of the bill. In such case he shall |
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append to the bill, at the time of signing it, a statement of the |
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items to which he objects, and no item so objected to shall take |
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effect. If the Legislature be in session, he shall transmit to the |
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House in which the bill originated a copy of such statement and the |
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items objected to shall be separately considered. If, on |
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reconsideration, one or more of such items be approved by |
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two-thirds of the members present of each House, the same shall be |
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part of the law, notwithstanding the objections of the Governor. If |
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any such bill, containing several items of appropriation, not |
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having been presented to the Governor ten days (Sundays excepted) |
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prior to adjournment, be in the hands of the Governor at the time of |
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adjournment, he shall have twenty days from such adjournment within |
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which to file objections to any items thereof and make proclamation |
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of the same, and such item or items shall not take effect. |
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(d) On the call of the presiding officer of either House of |
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the Legislature as provided by Subsection (e) of this section, the |
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Legislature shall convene to reconsider any bill disapproved by the |
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Governor under Subsection (a) of this section or any item of |
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appropriation in a bill to which the Governor objects under |
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Subsection (c) of this section if the bill or statement of objection |
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to the item of appropriation is: |
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(1) returned to the House in which the bill originated |
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on or after the third day before the date of adjournment of the |
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session at which the bill was passed; or |
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(2) filed with the Secretary of State after the |
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adjournment of the session at which the bill was passed. |
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(e) Not later than the fifth day following the last day on |
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which the Governor is authorized to file a disapproval of a bill or |
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objection to an item of appropriation with the Secretary of State |
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under this section after adjournment of the Legislature, a member |
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of either House in writing filed with the chief clerk or secretary |
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of that House may request the presiding officer of that House to |
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call the Legislature into session as provided by Subsection (f) of |
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this section to reconsider one or more bills or items of |
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appropriation described by Subsection (d) of this section. If a |
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majority of the members of either House file requests with the |
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applicable chief clerk or secretary within that period, the |
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presiding officer of that House shall call the Legislature into |
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session for purposes of Subsection (d). |
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(f) The period for reconsideration under Subsection (d) of |
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this section begins at 10 a.m. on the second Tuesday following the |
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last day on which the Governor is authorized to file a disapproval |
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or objection with the Secretary of State and may not exceed three |
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consecutive days. During this period, unless the Legislature has |
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been called into special session by the Governor, the Legislature |
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may not consider any subject other than the reconsideration of |
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bills or items of appropriation described by Subsection (d) of this |
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section. Reconsideration of a bill or item of appropriation during |
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this period is conducted in the manner provided by Subsection (a) or |
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(c) of this section, as applicable. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 3, 2009. |
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The ballot shall be printed to provide for voting for or against the |
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proposition: "The constitutional amendment to allow the |
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legislature to override a veto of the governor following a |
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legislative session." |