Texas Legislators Debate Separation of Powers

By Nathan Thomas at April 2, 2009 - 6:04pm
Policy News

Texas Legislators Debate Separation of Powers

The year 1979 was a fairly unremarkable one in Texas, perhaps best remembered for a string of tornadoes that devastated Wichita Falls. But the year was also significant because the Texas legislature overrode then-Governor Bill Clements’ veto of a wildlife and fisheries bill.

That was 30 years ago, and the Texas legislature has not overturned a single veto since.

You might think that in the rough and tumble of Texas politics it would be unusual for one side of state government to have its way so often, for so long, but this three-decade-long winning streak has its roots in a little-known quirk of Texas law. The Texas Constitution gives the governor the authority to veto bills after the legislative session has ended and the lawmakers have gone home. Then, only the governor can call a special session to overturn the vetoes – which is hard to imagine a state executive doing. In practice, this lets the governor veto even the most wildly popular bills and then refuse to allow the legislature to meet to override him.

But if state lawmakers have their way, this power will soon be coming to an end.

The State House recently voted 131-to-16 to approve a constitutional amendment (which the governor cannot veto) allowing the legislature to call its own special sessions to address gubernatorial vetoes.

Legislative supporters of the amendment argue that it restores the rightful balance of state power – after all, why should the legislature have an authority it can never use? For that matter, why should wildly popular legislation – even bills passed unanimously – be held hostage by future governors who might be stubborn, corrupt, or simply out of the mainstream in their views?

On the other hand, Gov. Perry and his outnumbered legislative allies on this issue make a sound case themselves. They see the end of session veto as the governor’s most important check on the power of a legislature that is granted much greater power than the governor under the state constitution. In their view, the amendment itself is the real threat to separation of powers.

State Senate opponents of the amendment are outnumbered but well-positioned to kill the proposal in committee for the second year in a row.

If it does pass, it then goes to a statewide vote, giving the people of Texas the final say.

Tags: Texas

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