Article III, Section 5 of the Texas Constitution ("Legislative Sessions; Order of Business")

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As amended November 2, 1999:

(a) The Legislature shall meet every two years at such time as may be provided by law and at other times when convened by the Governor.

(b) When convened in regular session, the first thirty days thereof shall be devoted to the introduction of bills and resolutions, acting upon emergency appropriations, passing upon the confirmation of the recess appointees of the Governor and such emergency matters as may be submitted by the Governor in special messages to the Legislature. During the succeeding thirty days of the regular session of the Legislature the various committees of each House shall hold hearings to consider all bills and resolutions and other matters then pending; and such emergency matters as may be submitted by the Governor. During the remainder of the session the Legislature shall act upon such bills and resolutions as may be then pending and upon such emergency matters as may be submitted by the Governor in special messages to the Legislature.

(c) Notwithstanding Subsection (b), either House may determine its order of business by an affirmative vote of four-fifths of its membership.

Editor Comments

As adopted in 1876, this section read: "The Legislature shall meet every two years at such time as may be provided by law, and at other times when convened by the Governor."

Note that Article III, Section 24 limits regular sessions to 140 days and Article III, Section 40 limits special sessions called by the Governor under Article IV, Section 8 to 30 days.

Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

  • Walker v. Baker, 196 S.W.2d 324, 329-30 (Tex. 1946) ("Again, if the Senate has the power to convene at will, as relator claims, it has the power to have as many sessions as it elects; in fact, it could remain in continuous session for the purpose of passing on the Governor's appointments; but a member could not collect any pay for his attendance, because he would not be attending a session of the Legislature. . . . Construing the applicable constitutional provisions together, we have decided that they furnish no warrant for the Senate to convene of its own motion to pass on the Governor's appointments.")

Library Resources

Online Resources