Message - June 15, 2007

TO THE MEMBERS OF THE SENATE AND HOUSE OF REPRESENTATIVES OF THE EIGHTIETH TEXAS LEGISLATURE, REGULAR SESSION:

Pursuant to Article IV, Sections 14 and 15 of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove and veto House Bill No. 3200 of the 80th Texas Legislature, Regular Session, due to the following objections:

House Bill No. 3200 would revise the funding formula that the Texas Department of Criminal Justice uses to fund community supervision and correction (probation) departments. This bill is problematic because the revised funding formula provides penalties for each felony defendant whose community supervision is revoked due to a "technical violation." Yet, there is no statutory definition of what constitutes a "technical violation." Just as important, there is no guidance in the bill as to how much of a funding penalty should be applied for these technical violations. Thus, we risk creating a system that has perverse financial incentives which undermine the purpose of probation itself.

I encourage both the Legislature and the Board of Criminal Justice to continue looking at ways we can improve the probation funding formula.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this the 15th day of June, 2007.

RICK PERRY
Governor of Texas

ATTESTED BY:
ROGER WILLIAMS
Secretary of State