Overriding a Texas governor’s veto can be impossible. Lawmakers are trying to change that.

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The last time the Legislature overrode a governor’s veto on a bill was in 1979, when William Clements was governor.

It’s not that members don’t want to exercise their legislative authority — meant to be equal to the executive branch. It’s that in almost every case, they can’t.

Lawmakers can override the governor’s vetoes only during the session in which the bills are rejected, according to experts’ interpretation of the law. But typically, governors veto bills after sine die – the last day of session.

In 2023, Gov. Greg Abbott vetoed a nearly record-breaking 76 bills and one budget item— widely seen as his way to punish members for failing to pass his priority bills. Just two bills were vetoed during the session, in the window that lawmakers could have voted to override them.

Now, some lawmakers want to change that process. A proposal by Sen. Brian Birdwell would amend the Texas Constitution to allow legislators to briefly meet after the regular session ends to reconsider bills that passed by more than two-thirds of members.

The Republican from Granbury said at a March state affairs committee hearing that his resolution was not in response to Abbott’s vetoes, noting that he submitted the same bill prior to the end of last session. But he did highlight the high number of bills that passed last session with more than two-thirds support in each chamber.

According to an analysis by the Texas Tribune, 71 of the 76 bills that Abbott vetoed passed through both chambers with a veto-proof majority, or more than two-thirds support.

“My intent here is to restore the checks and balances of Texas government, and legislation that was passed by an overwhelming majority such as two-thirds reflects the importance of that issue to the constituents of the state,” Birdwell said.

He acknowledged at the hearing that lawmakers may not want to return to the Capitol after the session ends, but that his proposal could also boost legislative efficiency by preventing the Legislature from bringing up the same bills again the next session.

The infrequent overrides aren’t too surprising, given that both legislative branches and the governor’s office in Texas have all been led by Republicans since 2003, and are likely to share priorities — or at least refrain from challenging each other publicly.

Abbott’s vetoes in 2023 made up just over 6% of the 1,246 House and Senate bills passed during the regular session, but were the highest number since 2001, when then-Gov. Rick Perry vetoed 81 bills.

Sen. Sarah Eckhardt, a Democrat from Austin, signed on as co-author because she wanted to get the “right balance” between the executive and legislative branches, she said in an interview with The Texas Tribune.

“The massacre of bills was so broad, and it was all about retribution,” she said, referring to the Legislature’s denial of the school voucher bill and and on property taxes. “The governor didn't even use a fig leaf to disguise that it was about retribution … I don’t believe that’s what the framers of the Texas constitution intended.”

Abbott vetoed 30 of the bills on one day, with a common message in many veto explanations: "At this time, the legislature must concentrate on delivering property tax cuts to Texans," he wrote.

Last session’s vetoes drew a rare public critique from Lt. Gov. Dan Patrick: “It’s not a very good image to veto bills for no reason other than he didn’t get the property tax bill he wants.”

If it became law, the practice would align Texas with at least 25 other states that allow veto overrides after the session – either through a reconvening such as the one Birdwell is proposing, or during the next regular session.

Because it’s a joint resolution, Birdwell’s proposal doesn’t require the governor’s approval — but it will need support from at least a two-thirds majority in each chamber before being put to voters at a general election.

The measure passed the Senate unanimously in mid-April, but hasn’t been taken up by a House committee, with the end of session less than two weeks away.

Time isn’t the only challenge. Brandon Rottinghaus, a political science professor at the University of Houston, said he thinks the bill faces an uphill battle despite not needing the governor’s approval, because of the pressure Abbott can put on lawmakers.

The veto power is one of the clearest ways governors can flex their executive muscle, he said.

“The governor is as powerful as they're able to make themselves, and the extent to which they can leverage the modest powers they have under the Constitution,” he said in an interview.

And even if it did pass, lawmakers could face retribution if they did vote to override a veto.

Additionally, Rottinghaus said, it’s rare to see major structural changes to the way the Texas government works.

“Texas’ government is designed to be small government, so any changes from that are usually met with resistance,” he said. “So even just inertia alone is enough to probably minimize this bill.”

Disclosure: University of Houston has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.

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