Wednesday, June 8, 2011

From the Texas Tribune: Can a Governor's Veto Be Overturned After Sine Die?

The answer appears to be: We don't really know.

This year, there are some questions about whether lawmakers might be able to override Gov. Rick Perry’s May 31 veto of HB 2403, a bill that would have allowed the state to collect online sales taxes (from retailers like Amazon). After all, they never had a break and started a special session the day right after the regular session ended.

The question is open to interpretation, but officials in the governor’s office tell the Tribune they do not believe the Legislature can defy Perry’s veto during this special session. Why? The officials say the bill was filed and passed during the regular session. Since that regular session is over, the governor sent the vetoed measure straight to the secretary of state’s office rather than the House, where the bill was created. In a special session, lawmakers can only vote on issues that are included in the governor’s call. In this case, Perry sets the agenda, and lawmakers can’t address issues he leaves out of the call.