Malcolm Rivera
The Texas Constitution outlines the governor's veto power, which allows them to reject a bill approved by the Texas Legislature, preventing it from becoming law. This is detailed in Article 4, Section 14 of the Texas Constitution, which was adopted on February 15, 1876. The governor has 10 days to return the bill to the Legislature with objections, and if no action is taken within this time frame, the bill becomes law as if the governor had signed it. Additionally, the Texas Constitution grants the governor the ability to veto specific items within the budget, such as line-item vetoes. However, the Legislature may override a veto by a two-thirds vote of its members, showcasing the checks and balances in place within the state government.
| Characteristics | Values |
|---|---|
| Veto power | The power to reject a bill approved by the Texas Legislature, preventing it from becoming law |
| Time limit | 10 days (not counting Sundays) to return the bill to the Legislature with objections |
| Legislative override | Requires a vote of two-thirds of the members of each chamber |
| Record vote | The vote of each member must be formally recorded |
| Line-item veto | The ability to veto specific items in the budget |
| Pocket veto | Not applicable to the Texas Governor |
| Signing bills | Bills become law without the governor's signature unless vetoed |
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What You'll Learn
The Texas Governor's veto power
The Texas Constitution grants the Governor of Texas the power to veto bills passed by the Texas Legislature. This veto power is outlined in Article 4, Section 14 of the Texas Constitution, which was adopted on February 15, 1876. This section states that the Governor has the authority to reject a bill approved by the Legislature, preventing it from becoming law. The Governor must provide a written message outlining their objections to the bill and return it to the House in which it originated within 10 days (not including Sundays). If the Legislature is not in session, the Governor must file their objections with the Secretary of State and issue a public proclamation within 20 days.
The Texas Legislature has the power to override a gubernatorial veto by a two-thirds vote of the members present in each chamber. This process requires a record vote, meaning the vote of each member must be formally recorded. The Legislature can also override a veto during a special session, although the Texas Constitution does not explicitly address this scenario.
The Governor of Texas has significant responsibilities, including signing or vetoing bills, serving as commander-in-chief of the state's military forces, convening special legislative sessions, and appointing qualified Texans to state offices. The Governor's powers, term of office, qualifications, and installation are outlined in Article 4 of the Texas Constitution.
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Time limits for the Governor to veto a bill
The Texas Constitution outlines the time limits for the Governor to veto a bill. When the legislature is in session, the Governor has 10 days (not counting Sundays) to return the bill with objections. If the bill is not returned within this time frame, it becomes law as if the Governor had signed it.
However, if the Legislature has adjourned sine die, or if the bill is presented to the Governor less than 10 days (excluding Sundays) before the final adjournment, the Governor has 20 days (including Sundays) after the session ends to sign or veto the bill. If no action is taken within this extended period, the bill becomes law without the Governor's signature.
The Texas Constitution also allows the Governor to veto line-items on the budget bill, blocking specific items without vetoing the entire bill. This authority to veto specific items within a bill can be overridden by a two-thirds majority vote in each house of the Legislature if it is still in session.
It is important to note that the Texas Constitution does not explicitly address the possibility of the Legislature overriding a veto after a regular session has ended, creating some ambiguity in this area.
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The Legislature overriding a veto
The Texas Constitution grants the governor the power to veto a bill approved by the Texas Legislature, preventing it from becoming law. The governor must, however, write a message stating their objections to the bill. This is done in two different ways, depending on whether the legislature is in session or not. If the legislature is in session, the governor sends their objections to the House in which the bill originated, which will then be entered into the House journal. If the House is not in session, the governor must file their objections with the Secretary of State and give notice by public proclamation within 20 days of adjournment.
The Legislature can override a veto by a two-thirds majority vote in each house. This can only be done if the Legislature is still in session when the governor exercises their veto power. The Texas Constitution does not explicitly clarify whether the Legislature can override a veto after a regular session has ended. The Constitution does require a record vote to override a veto, meaning the vote of each member must be formally recorded, and the override cannot take place by a voice vote.
The governor has 10 days (not counting Sundays) to return a bill to the Legislature with objections. If the bill is not returned within this time frame, the bill becomes law as if the governor had signed it. If the Legislature adjourns before the 10-day window has passed, or if the bill is presented to the governor less than 10 days before final adjournment, the governor has 20 days (counting Sundays) after the final day of the session to sign or veto the bill. If no action is taken, the bill becomes law without the governor's signature.
The governor can also veto specific items within a spending bill without vetoing the entire bill. This is known as a line-item veto. A line-item veto can be overridden by a two-thirds majority vote of the members present in each chamber of the Legislature.
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The Governor's line-item veto
The Governor of Texas has the power to veto a bill approved by the Texas Legislature, preventing it from becoming law. This is derived from Article 4, Section 14 of the Texas Constitution, which was adopted on February 15, 1876.
The Governor has 10 days (not counting Sundays) to return a bill to the Legislature with objections. If the bill is not returned within this time frame, it becomes law as if the Governor had signed it. If the Legislature has adjourned sine die, or if the bill is presented to the Governor less than 10 days before final adjournment, the Governor has 20 days (counting Sundays) after the session ends to sign or veto the bill. If no action is taken, the bill becomes law without the Governor's signature.
The Texas Governor, unlike the U.S. President, cannot block legislation through a "pocket veto", which allows the president to block a bill by not signing it if Congress is not in session. However, the Texas Governor can block a single item of a spending bill, or several items, without vetoing the entire bill. This is known as a line-item veto. A line item refers to an element of spending authority granted to an agency or institution in an appropriations bill. The Governor may object to any separate line item in a budget bill.
There have been attempts to amend the Texas Constitution to remove the Governor's line-item veto power, or at least restrict it from being used on the legislative or judiciary branch budgets. In 2021, Governor Greg Abbott's use of the line-item veto to cut funding for the legislative branch led to concerns about the separation of powers and the potential impact on the functioning of the democratic system. However, the Texas Supreme Court declined to rule on the issue, stating that as long as the Governor called special sessions and included funding on the agenda, it was within the Legislature's power to resolve the issue.
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The Governor's other powers
The Governor of Texas has a variety of powers in addition to their veto authority. These powers are established by Article 4 of the Texas Constitution. Here is a detailed overview of some of the Governor's other significant powers:
Appointment Power
The Governor of Texas has the power to appoint individuals to various state government positions, including heads of state government bodies, councils, and bureaucracies. This power is granted by Article 4, Section 12 of the Texas Constitution. The Governor's Appointment Office assists in identifying, recruiting, and hiring talented individuals for the numerous positions that arise during a gubernatorial term. Approximately 3,000 appointments are made during a four-year term.
Commander-in-Chief
The Governor serves as the commander-in-chief of the state's military forces. This role entails leading and directing the Texas National Guard and overseeing the state's military affairs.
Convening Special Sessions
The Governor has the authority to convene special sessions of the Legislature for specific purposes. This power allows the Governor to bring the Legislature together to address particular issues or matters that require attention outside of the regular legislative session.
Budget and Fiscal Matters
The Governor of Texas is the state's chief budget officer and plays a crucial role in budget and fiscal matters. The Governor is responsible for signing a balanced budget into law and recommending a budget for the next two years. Additionally, the Governor has the power to veto specific items in the budget, including line-item veto authority. This allows the Governor to reject individual elements of spending within an appropriations bill.
Granting Pardons and Commutations
The Governor has the power to grant reprieves, commutations of punishment, and pardons upon the recommendation of the Board of Pardons and Paroles. This includes the authority to revoke conditional pardons.
Declaring Special Elections
The Governor is responsible for declaring special elections to fill vacancies in certain elected offices. This power ensures that vacant positions are filled through a democratic process.
The Governor of Texas possesses a range of powers that extend beyond the veto, encompassing appointments, military leadership, budget management, and more. These powers are outlined in the Texas Constitution and enable the Governor to effectively govern the state and address various administrative and legislative matters.
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Frequently asked questions
Article 4, Section 14 of the Texas Constitution, adopted on February 15, 1876, discusses the gubernatorial veto.
The gubernatorial veto refers to the power of the governor to reject a bill approved by the Texas Legislature, preventing it from becoming law.
Yes, the Texas Legislature may override a gubernatorial veto by a vote of two-thirds of the members of each chamber.
