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SJR 38

Proposing a constitutional amendment to limit the authority of the governor to veto a bill passed by both houses of the Texas Legislature with a vote of at least two-thirds of the members of each house.

89th Legislature (2025) Introduced by Brian Birdwell and 2 co-sponsors

Proposed Texas constitutional amendment eliminating gubernatorial veto authority over bills passing both legislative chambers with two-thirds supermajority votes.

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Bill Summary · SJR 38

Legislative bill overview

This joint resolution proposes a constitutional amendment that would prevent the Texas governor from vetoing legislation that passes both chambers of the Legislature with a supermajority vote of at least two-thirds in each house. Currently, the governor has absolute veto power, and the Legislature can only override a veto with a two-thirds supermajority vote. This amendment would make a two-thirds pass equivalent to a veto-proof measure.

Why is this important

This change would significantly shift the balance of power between the executive and legislative branches in Texas. It would effectively reduce gubernatorial authority and make it harder for a governor to block legislation that has substantial bipartisan or multi-faction support. The outcome depends partly on whether you view strong executive veto power as necessary for gubernatorial independence or as an obstacle to legislative will.

Potential points of contention

  • Executive power reduction: Governors and their supporters argue veto power is essential for executives to prevent legislation they consider harmful; limiting it concentrates more power in the Legislature
  • Supermajority standard ambiguity: A two-thirds vote currently requires an override attempt; this amendment removes that procedural step, potentially changing legislative behavior and strategic voting
  • Constitutional amendment threshold: This requires voter approval in a general election, making it a high-bar change that signals fundamental disagreement about executive authority rather than a typical legislative fix

Compiled from official sources — confirm details with the bill’s official record.

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