Bill Text: TX HJR23 | 2021 | 87th Legislature 2nd Special Session | Introduced


Bill Title: Proposing a constitutional amendment prohibiting the governor from vetoing an item of appropriation made to the legislative or judicial branch of state government, including to an agency the primary purpose of which is to assist those branches of government.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-08-11 - Filed [HJR23 Detail]

Download: Texas-2021-HJR23-Introduced.html
  87S20210 CJC-D
 
  By: Martinez H.J.R. No. 23
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment prohibiting the governor from
  vetoing an item of appropriation made to the legislative or
  judicial branch of state government, including to an agency the
  primary purpose of which is to assist those branches of government.
         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. 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.
         (b)  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, 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
  and make proclamation of the same, and such item or items shall not
  take effect.
         (c)  Notwithstanding Subsection (b) of this section, in
  order to give effect to the division of the powers of the government
  of this state into three distinct departments as provided in
  Section 1, Article II, of this constitution, the Governor may not
  object in any bill presented to the Governor that contains several
  items of appropriation to an item of appropriation made to the
  Legislative or Judicial department of government, including an item
  of appropriation made to an agency the primary purpose of which is
  to assist the Legislative or Judicial department of government in
  the exercise of the powers properly attached to either department.
         SECTION 2.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 8, 2022.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment prohibiting the
  governor from vetoing an item of appropriation made to the
  legislative or judicial branch of state government, including to an
  agency the primary purpose of which is to assist the legislative or
  judicial branch in the exercise of its powers."
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