Texas Constitution:Article III, Section 49-p and Texas Constitution:Article III, Section 5: Difference between pages

Revision as of 08:42, December 31, 2022

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

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

Vernon's Annotated Constitution of the State of Texas (this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)

The Texas State Constitution: A Reference Guide (this one-volume resource is available at most law libraries and some municipal libraries)

The Constitution of the State of Texas: An Annotated and Comparative Analysis (this two-volume resource is available at most law libraries and some municipal libraries)

Online Resources

Constitution of the State of Texas (1876) (this resource is published and maintained by the University of Texas School of Law)

Amendments to the Texas Constitution Since 1876 (this resource is published and regularly updated by the Legislative Council)

Reports Analyzing Proposed Amendments (this resource is published and regularly updated by the Legislative Reference Library)

@@ Line 1: / Line 1: @@
-{{DISPLAYTITLE:Article III, Section 49-p of the Texas Constitution (''<small>"General Obligation Bonds for Highway Improvements"</small>'')}}{{Texas Constitution|text=Added November 6, 2007:
+{{DISPLAYTITLE:Article III, Section 5 of the Texas Constitution (''<small>"Meetings; Order of Business"</small>'')}}{{Texas Constitution|text=As amended November 2, 1999:
-'''(a) To provide funding for highway improvement projects, the Legislature by general law may authorize the Texas Transportation Commission or its successor to issue general obligation bonds of the State of Texas in an aggregate amount not to exceed $5 billion and enter into related credit agreements. The bonds shall be executed in the form, on the terms, and in the denominations, bear interest, and be issued in installments as prescribed by the Texas Transportation Commission or its successor.'''
+'''(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) A portion of the proceeds from the sale of the bonds and a portion of the interest earned on the bonds may be used to pay: (1) the costs of administering projects authorized under this section; (2) the cost or expense of the issuance of the bonds; and (3) all or part of a payment owed or to be owed under a credit agreement.'''
+'''(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) The bonds authorized under this section constitute a general obligation of the state. While any of the bonds or interest on the bonds is outstanding and unpaid, there is appropriated out of the first money coming into the treasury each fiscal year, not otherwise appropriated by this constitution, an amount sufficient to pay the principal of and interest on the bonds that mature or become due during the fiscal year, including an amount sufficient to make payments under a related credit agreement.'''
+'''(c) Notwithstanding Subsection (b), either House may determine its order of business by an affirmative vote of four-fifths of its membership.'''
-'''(d) Bonds issued under this section, after approval by the Attorney General, registration by the Comptroller of Public Accounts, and delivery to the purchasers, are incontestable and are general obligations of the State of Texas under this constitution.'''
 |editor=
-None.
+Note that Article III, Section [[Texas Constitution:Article III, Section 24|24]] limits regular sessions to 140 days and Article III, Section [[Texas Constitution:Article III, Section 40|40]] limits special sessions called by the Governor to 30 days.
 |other=
@@ Line 23: / Line 21: @@
 |historic=
-None.
+* ''Walker v. Baker'', 196 S.W.2d 324, [https://texaslegalguide.com/images/196_S.W.2d_324.pdf#page=6 329-30] (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.")
 }}
 [[Category:TxCon ArtIII Sec]]