Texas Almanac, 1952-1953 Page: 359
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TEXAS STATE CONSTITUTION.
Article IV.-(Continued.)
ber of said board shall be appointed by the
Governor, one member by the Chief Justice
of the Supreme Court of the State of Texas
and one member by the presiding Justice of
the Court of Criminal Appeals; the appoint-
ments of all members of said board shall be
made with the advice and consent of two
thirds of the Senate present. Each vacancy
shall be filled by the respective appointing
power that theretofore made the appointment
to such position, and the appointive powers
shall have the authority to make recess ap-
pointments until the convening of the Senate.
In all criminal cases, except treason and
impeachment, the Governor shall have power.
after conviction, on the written signed recom-
mendation and advice of the Board of
Pardons and Paroles or a majority thereof.,
to grant reprieves, commutations of punish-
ment and pardons; and under such rules as
the Legislagre may prescribe, and upon the
written recommendation and advice of a ma-
jority of the Board of Pardons and Paroles.,
he shall have the power to remit fines and
forfeitures. The Governor shall have the
power to grant one reprieve in any capital
case for a period not to exceed thirty (30)
days, and he shall have the power to revoke
paroles and conditional pardons. With the
advice and consent of the Legislature. he may
grant reprieves, commutations of punishment
and pardons in cases of treason.
The Legislature shall have power to regu-
late procedure before the Board of Pardons
and Paroles and shall require it to keep rec-
ord of its actions and the reasons therefor,
and shall have authority to enact parole laws.
[Note.-The foregoing Sec. 11 of Art. IV was
amended from, the original to establish the stated
procedure for granting pardons and paroles, which
was originally vested exclusively in the Governor's
office. Adopted in an election Nov. 3, 1936.]1
Sec. 11-a. Suspension of Sentences; Proba-
tion.-The courts of the State of Texas hav-
ing original jurisdiction of criminal actions
shall have the power, after conviction, to
suspend the imposition or execution of sen-
tence and to place the defendant upon proba-
tion and to reimpose such sentence, under
such conditions as the Legislature may pre-
scribe.
[Note.-The foregoing Sec. 11-a of Art. IV, an
amendment, was added for the stated purpose of
providing suspended sentences. Submitted by
Forty-fburth Legislature (1935) and adopted in an
election Aug. 2, 1935.]
Sec. 12. Governor to, Fill Vacancies in State
and District Offices.-All vacancies in State
or district offices, except members of the
Legislature, shall be filled, unless otherwise
provided by law, by appointment of the Gov-
ernor, which appointment, if made during its
session, shall be with the advice and consent
of two thirds of the Senate present. If made
during the recess of the Senate, the said ap-
pointee, or some other person to fill such
vacancy, shall be nominated to the Senate
during the first ten days of its session. If
rejected, said office shall immediately become
vacant, and the Governor shall, without de-
lay, make further nominations until a con-
firmation, takes place. But should there be
no confirmation during the session of the
Senate, the Governor shall not thereafter
appoint any person to fill such vacancy who
has been rejected by the Senate, but may
appoint some other person to fill the vacancy
until the next session of the Senate or until
the regular election to said office, should it
sooner occur. Appointments to vacancies in
offices elective by the people shall only con-
tinue until the first general election there-
after.Sec. 13. Where Governor Shall Reside.-
During the session of the Legislature the
Governor shall reside where its sessions are
held and at all other times at the seat of
government, except when, by act of the Legis-
lature, he may be required or authorized to
reside elsewhere.
Sec. 14. Approval of Bills; Veto Bill Not
Returned to Become a Law.-Every bill which
shall have passed both houses of the Legis-
lature shall be presented to the Governor for
his approval. If he approve, he shall sign it;
but if he disapprove it, he shall return it
with his objections to the house in which
it originated, which house shall enter the
objections at large upon its journal, and pro-
ceed to reconsider it. If, after such recon-
sideration, two thirds of the members present
agree to pass the bill, it shall be sent, with
the objections, to the other house, by which
likewise it shall be reconsidered; and if ap-
proved by two thirds of the members of that
house, it shall become a law; but in such
cases the votes of both houses shall be de-
termined by yeas and nays; and the names
of the members voting for and against the
bill shall be entered on the journal of each
house, respectively. If any bill shall not be
returned by the Governor with his objections
within ten days (Sundays excepted) after it
shall have been presented to him, the same
shall be a law in like manner as if he had
signed it, unless the Legislature, by its ad-
journment, prevent its return, in which case
it shall be a law, unless he shall file the
same, with his objections, in the office of the
Secretary of State and give notice thereof by
public- proclamation within twenty days after
such adjournment. If any bill presented to
the Governor contains several items of appro-
priation he may object to one or more of such
items, and approve the other portion of the
bill. In such case he shall append to the bill, at
the time of signing It, a statement of the
items to which he objects, and no item so
objected to shall take effect. If the Legisla-
ture be in session he shall transmit to the
house In which the bill originated a copy of
such statement, and the items objected to
shall be separately considered. If, on recon-
sideration, one or more of such Items be
approved by two thirds of the members pres-
ent, of each house, the same shall be part of
the law, notwithstanding the objection of the
Governor. If any such bill containing seve-al
items of appropriation not having been pre-
sented to the Governor ten days (Sundays ex-
cepted) prior to adjournment, be in the hands,
of the Governor at the time of adjournment,
he shall have twenty days from such adjourn-
ment within which to file objections to any
items thereof and make proclamation of the
same, and such item or items shall not take
effect.
Sec. 15. What to Be Presented for Approval
-Every order, resolution or vote to which the
concurrence of both houses of the Legislature
may be necessary except on questions of
adjournment shall be presented to the Gover-
nor, and before it shall take effect shall be
approved by him; or, being disapproved, shall
be repassed by both houses, and all the rules,
provisions and limitations shall apply thereto
as prescribed in the last preceding section in
the case of a bill.
Sec. 16. Lieutenant Governor; Election;
Term; Powers and Duties.-There shall also
be a Lieutenant Governor, who shall be chosen
at every election for Governor by the same
electors, in the same manner, continue in
office for the same time and possess the same
qualifications. The electors shall distinguish
for whom they vote as Governor and for whom
as Lieutenant Governor. The Lieutenant Gov-
ernor shall, by virtue of his office, be Presi-
dent of the Senate and shall have, when in
committee of the whole, a right to debate,
and vote on all questions: and when the Sen-
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Texas Almanac, 1952-1953, book, 1951; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth117137/m1/361/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.