Overriding late Gov. veto fails--Gov. VETOES ban on toll advertising

Constitutional amendment to let the legislature return to override a Governor's veto fails

One of the things that didn’t make it through this last session was a constitutional amendment that would have allowed the legislature to come back after the regular session to override gubernatorial vetoes of bills that had been passed by both houses. As it is now, if a bill is passed toward the end of the session, time runs out before the legislature can try to override the governor’s veto, even if the votes are there to override.

The override amendment was introduced in both the House and the Senate. HJR 29 by Representative Elkins was voted out of the House State Affairs Committee, but didn’t pass the House. SJR 14 by Sen. Wentworth was voted out of the Senate State Affairs Committee, but was not allowed to be considered by the full Senate by Lt. Gov. Dewhurst. There is an informative explanation of this in the Statesman:

http://www.statesman.com/search/content/region/legislature/stories/2009/06/24/0624veto.html

Governor vetoes the ban on promoting toll roads

A prime example of why we need the constitutional amendment to allow the legislature to come back to override a veto is the fate of HB 2142.

During the last few years, TxDOT spent millions in taxpayer money for advertising and lobbying to actively promote toll roads, including the Trans-Texas Corridor. The TURF organization sued TxDOT to stop this practice. While the lawsuit was pending, Representative McClendon introduced HB 2142 this session, which would have banned the use of our money in this way.

HB 2142 easily passed both houses and was on its way to protect us from having our own money used against us, when Gov. 39% vetoed it. As Sen. Kirk Watson said, “This shows so much chutzpah that I still can’t believe it, the Governor vetoed a bill prohibiting TxDOT from actively advertising their toll roads. The bill passed unanimously at nearly every step (it passed 132-1 on the House floor). And all it says is TxDOT can’t spend taxpayer money influencing public opinion about toll roads.”

TURF’s Terri Hall said that a judge had been on the verge of dismissing TURF’s lawsuit against TxDOT because it looked like HB 2142 had put this protection of taxpayer funds into statute. However, with Perry’s veto, TURF’s lawsuit now may have a better chance of proceeding.

Perry's vetoes show need for veto override

Perry’s veto of eminent domain protection in the 2007 session, and now his veto of the ban on using our money to promote toll roads, including the Corridor, are both reasons why legislators should be able to come back to consider overriding vetoes of bills that are overwhelmingly desired by the people and their representatives.

SB 18 eminent domain protection is dead

While we are breathlessly awaiting word from the HB 300 TxDOT Sunset conference committee, let's use this time to consider some instructive insights from Martha Estes about another bill that we had high hopes for this session--SB 18, more protection from eminent domain.

See the most recent ACRE post on this issue:

http://acretexas.blogspot.com/2009/05/has-time-run-out-for-eminent-domain.html

For other ACRE eminent domain posts, click on the "eminent domain" tag at the bottom of that post.

Re SB 18, Martha laments:

"IT IS DEAD: About the EMINENT DOMAIN bill & SB 18 by Estes.. IT IS DEAD

". . . the Eminent Domain BILL was used as a 'bargaining position' to exact support for other bills. SO... holding it up in the Senate State Affairs Cmte. & Senate was necessary to maintain the upper hand in the backroom deals.

"RULE: What you FIRST see is OFTEN NOT what you get.. it is likely disguised or likely to undergo transformational surgery through amendments or committee substitutes & often BOTH.

"STRATEGY: Sending bills through CERTAIN committees guarantees their outcome & controls their "speed". Obvious Example: Rep. Mike Krusee as Chair of the Transportation Cmte. until this session.

"TEASER: The Eminent Domain bill was hyped statewide MORE than any OTHER transportation related bill (to 'please or appease the masses') with the Local Option having a big, COSTLY public relations roll-out (HillCo lobby firm) at first & then growing quiet (but working feverishly behind the scenes) when there was some loud opposition.. as WE well know.

"KEYHOLE MOMENT on a resolution of interest to the masses: The revelations in the Dallas paper related to the VETO OVERRIDE resolution HJR 29 is a good example of what you DON'T ordinarily SEE behind the scenes."

[See the end of ACRE post
http://acretexas.blogspot.com/2009/05/has-time-run-out-for-eminent-domain.html
which discusses HJR 29 and Wentworth's unusual candor.]

Martha concludes, "Senator WENTWORTH's candor WILL cost him dearly in his next Republican primary. I'll take any bets on it.. and I am NOT a gambler."

Has time run out for eminent domain protection and veto override?

Last night, time may have run out on two important bills.
First, the Statesman’s Jason Embry reports on eminent domain legislation. SB 18 was passed by the Senate and was before the House when it shut down at midnight with many bills left on the calendar.
http://www.statesman.com/blogs/content/shared-gen/blogs/austin/firstreading/entries/2009/05/27/can_this_session_be_saved.html

Embry says, “Many thought the chubbing might ease up enough Tuesday for some big non-voter ID bills to pass, such as the bill authorizing the state to get federal stimulus dollars for unemployment insurance and the eminent-domain legislation. But Rep. Richard Raymond, D-Laredo, had other ideas, launching his own talk-a-thon that ate up most of the day . . .

“So there are six days left in the session and some major Senate bills are (at best) in serious jeopardy because they did not pass the House: . . . eminent domain . . . If any of this is going to be salvaged, there is going to have to be major triage in the Senate . . . "

Let’s hope some “major triage” can save SB 18--stronger protection against eminent domain for landowners.

The second good bill in danger is HJR 29 that would allow the Legislature to come back after the regular session to override a governor’s veto. As reported by Christy Hoppe, Dallas Morning News, Sen. Jeff Wentworth says that Gov. Perry and Lt. Gov. Dewhurst “are conspiring to kill” this constitutional amendment.
http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/legislature/stories/DN-vetofight_27tex.ART.State.Edition1.511dd6a.html

From Hoppe’s article: “Sen. Jeff Wentworth, speaking with unusual candor against powerhouses in the Capitol, said Dewhurst betrayed a trust as the Senate's presiding officer to deal fairly and address bills that have the support of two-thirds of the 31-member Senate. Wentworth, R-San Antonio, said he had collected the signatures of 26 Senate supporters for the constitutional proposal, but Dewhurst told him that at the behest of the governor, he would not call up the bill for debate."

Wentworth said, "[Dewhurst] made a deal with the governor and gave his word he'd kill the bill. He told me that the governor has talked to him 20 times about it." The veto override passed the House easily and has been sitting in the Senate since May 15—more than enough time for it to be debated and passed by the 26 Senators that have signed up for it.

To allow Texans to vote on this amendment is overwhelmingly favored by their representatives in the House and the Senate. It is being killed by Perry and Dewhurst. What does this tell us about the need for this amendment?

Amendment to override governor's veto has passed the House, will be heard in Senate

HJR 29, by Rep. Gary Elkins (Republican of Houston), would place a constitutional amendment before the voters in November "to allow the legislature to override a veto of the governor following a legislative session." This measure would fix the problem of the governor waiting to veto legislation until after the session is over, thus making it impossible for the Legislature to override his veto, even if the votes are there.

HJR 29 has already passed the House with only token opposition: 131 Yeas, 16 Nays, 1 Present, not voting. Our HD 52 Rep. Diana Maldonado voted yes. HJR 29 now will be heard in the Senate State Affairs Committee on Thursday, April 30, in the Senate Chamber at 1 p.m. or upon adjournment of the full Senate.

Gov. 39% has used this tactic in the past to veto popular legislation that had overwhelming support of the legislators and their constituents, such as the strong eminent domain bill in 2007. Organizations like the Texas Farm Bureau worked hard on this bill all during the session, and it was greatly desired by property owners such as those threatened by the Trans-Texas Corridor. It passed the House 143-0 and the Senate 29-1. After the legislators went home, Perry vetoed it.

The progress of HJR 29 to authorize a way to override late vetoes is the result of Perry's past vetoes that annoyed enough legislators to bring things to this point. In other words, his past actions might come back to bite not only him, but future governors, who will have lost this power of their office due to Perry's abuse of it.