Legislative Messages of Hon. James V. Allred, Governor of Texas 1935-1939 Page: 182 of 263
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-183
procedure
prescribed by Section 5, of Article 3, as amended in 1930,
dealing with the introduction of Bills, committee hearings, etc.; a fourfifths
vote to suspend the constitutional rule requiring Bills to be read
on three several days; a two-thirds vote of all Members elected to each
House required to put a law into immediate effect, etc. Legislative rules
may be adopted under the Constitution by a majority vote; but I am
firmly convinced that neither House has a right to adopt by such a
majority vote rules requiring a greater vote than that required by
the Constitution.
The Senate at this session adopted Amended Rule 99-B, which provides,
"It shall take the affirmative vote of a majority of the Members
of the Senate to substitute a minority report for the majority report."
This means that in order to bring a Bill out of a Senate committee on
minority report 16 members of the Senate must be present and vote
affirmatively, without pairing, to bring the Bill out. Oftentimes a
majority of the Senate may be represented by a minority on a particular
committee.
Isn't this a strange situation? A majority of a quorum can finally
pass a Bill if it is up for consideration; but a majority of the entire
membership of the Senate is required to bring a Bill out of committee
on minority report so that a mere majority can pass it. In other words,
11 of 21 Members can finally pass a bill, but it would take 16 of 21
Members to bring a bill out on minority report to get it where 11 can
pass it.
I have carefully briefed the question, and am thoroughly convinced
that such a rule is unconstitutional; but whether it will be so adjudged
by Presiding Officers in the Senate remains to be seen. I do not believe
it is legally or morally right for any legislative body to so tie its hands
as to thus make it possible for a minority to block the will of the
majority. I am aware of the statement often made that rules are
designed to protect minorities, but this is done by such constitutional
requirements as committee hearings and the reading of Bills on three
several days. Frankly, I think it is high time that we adopt rules and
procedure designed to protect the majority rather than the minority!
We have heard a great deal of talk lately about the people's national
program being blocked by a MAJORITY of one vote. I charge that
it is possible under present Senate rutles to block the will of the people
of Texas by a MINORITY vote. I think I have amply demonstrated
this in pointing out the things that can be done under the Senate rule
cited and the proposed joint rule which I am today disapproving.
The Presiding Officers of the Senate have already recognized House Bill
days in the Senate, and I would much prefer to go forward under ordinary
rules than lend my approval to any such rule as proposed Joint Rules
Nos. 20 and 21.
I feel sure a majority of both the Senate and the House could not
have intended to adopt such an onerous joint rule as the one complained
of and must not have known of the possibilities I have tried to point out
in this message. In disapproving and vetoing this concurrent resolution,
therefore, I feel I am carrying out the will of the majority of the Members
of each House. I hope that the Legislature not only in its joint
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Allred, James V. Legislative Messages of Hon. James V. Allred, Governor of Texas 1935-1939, book, 1939; (https://texashistory.unt.edu/ark:/67531/metapth3899/m1/182/: accessed May 3, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .