It Violates the Constitutional Doctrine of Separation of Powers
The Texas Constitution vests in the Governor the absolute authority to veto appropriations bills. See Tex. Const. art. IV, § 14. The Governor is entitled to decide which laws he approv[es] and which he disapproves without any constraint from the Legislature, or from special prosecutors. Id.
The Texas Constitution also includes an explicit separation of powers provision that sets forth the structure of Texas government
Cannot Be Prosecuted for His Veto, Because He Is Entitled to Absolute Legislative Immunity for Any Exercise of His Veto Power
Legislative immunity is a common law doctrine that flows from the Speech or Debate Clauses of the Texas and U.S. Constitutions. See In re Perry, 60 S.W.3d 857, 859 (Tex. 2001) (citing U.S. Const. art. I, § 6; Tex. Const. art. III, § 21). It declares that individuals acting in a legislative capacity are immune from liability for those actions. Id.
The reason for this legislative immunity is simple, as the U.S. Supreme Court has explained, and the Texas Supreme Court has endorsed
Criminalizes Speech Protected by the First Amendment of the U.S. Constitution
Count II of the indictment alleges that Governor Perry violated the law by threatening to use his veto powers if a government official did not resign her post. But he has every right to do just that. Criminalizing Governor Perrys threat to veto legislation violates his right to freedom of speech under the Texas and U.S. Constitutions. This Count must also be dismissed.
A political official has the right to threaten to engage in an official act in order to persuade another government official to engage in some other official act. That is not a crime it is core political speech. See, e.g., Watts v. United States, 394 U.S. 705, 707 (1969) (What is a threat must be distinguished from what is constitutionally protected speech.).