Bill Text: TX SB21 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Relating to the qualifications, duties, and limitations of Texas delegates to a convention called under Article V of the United States Constitution.

Spectrum: Partisan Bill (Republican 66-0)

Status: (Engrossed) 2017-05-24 - Conf. Comm. Report distributed [SB21 Detail]

Download: Texas-2017-SB21-Comm_Sub.html
  85R24602 TJB-F
 
  By: Birdwell, et al. S.B. No. 21
 
  (King of Parker)
 
  Substitute the following for S.B. No. 21:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the qualifications, duties, and limitations of Texas
  delegates to a convention called under Article V of the United
  States Constitution.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle Z, Title 3, Government Code, is amended
  by adding Chapter 393 to read as follows:
  CHAPTER 393. DELEGATES TO FEDERAL ARTICLE V CONVENTIONS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 393.001.  DEFINITIONS. In this chapter:
               (1)  "Alternate delegate" means an individual
  appointed under Section 393.052 to represent this state as an
  alternate delegate at an Article V convention.
               (2)  "Article V convention" means a convention called
  by the United States Congress under Article V of the United States
  Constitution.
               (3)  "Delegate" means:
                     (A)  the governor;
                     (B)  an individual appointed under Section
  393.052 to represent this state as a delegate at an Article V
  convention; or
                     (C)  an alternate delegate who fills a vacancy in
  the office of the alternate delegate's paired delegate.
               (4)  "Unauthorized vote" means a vote cast by a
  delegate or alternate delegate at an Article V convention that:
                     (A)  is contrary to the instructions adopted under
  Section 393.101 in effect at the time the vote is taken;
                     (B)  exceeds the scope or subject matter of the
  Article V convention as authorized by the legislature in the
  application to the United States Congress to call the convention if
  the legislature made an application to call the convention; or
                     (C)  exceeds the scope or subject matter of the
  Article V convention if the legislature did not make an application
  to the United States Congress to call the convention.
         Sec. 393.002.  RULES AND PROCEDURES. (a)  The legislature
  by concurrent resolution shall provide the rules and procedures
  necessary to implement this chapter.
         (b)  A legislative action relating to the appointment or
  recall of a delegate or alternate delegate, the filling of a vacancy
  in the office of a delegate or alternate delegate, or the
  determination of an unauthorized vote may be accomplished through a
  resolution adopted by the house that takes the action.
  SUBCHAPTER B. DELEGATES AND ALTERNATE DELEGATES
         Sec. 393.051.  GOVERNOR AS EX OFFICIO DELEGATE. (a) The
  governor shall serve as a delegate to an Article V convention.
         (b)  The governor is the head of the state delegation of
  delegates to the convention.
         (c)  Service as a delegate by the governor is an additional
  duty of the governor's office.
         Sec. 393.052.  APPOINTMENT. (a) The legislature shall
  appoint delegates and alternate delegates to the convention, other
  than the governor, as provided by this section.
         (b)  If the difference between the number of delegates
  allocated to represent the state at the Article V convention and one
  is an even number:
               (1)  the house of representatives shall appoint a
  number of individuals as delegates that is equal to one-half of that
  number and the same number of individuals as alternate delegates;
  and
               (2)  the senate shall appoint a number of individuals
  as delegates that is equal to one-half of that number and the same
  number of individuals as alternate delegates.
         (c)  If the difference between the number of delegates
  allocated to represent the state at the Article V convention and one
  is an odd number greater than one:
               (1)  the house of representatives shall appoint a
  number of individuals as delegates that is equal to three-fifths of
  that number or as close to that proportion as possible and the same
  number of individuals as alternate delegates; and
               (2)  the senate shall appoint a number of individuals
  as delegates that is equal to two-fifths of that number or as close
  to that proportion as possible and the same number of individuals as
  alternate delegates.
         (d)  If the number of delegates allocated to represent the
  state at the Article V convention is two, the house of
  representatives shall appoint one individual as a delegate and one
  individual as an alternate delegate.
         (e)  If applicable, service as a delegate or alternate
  delegate by a member of the legislature is an additional duty of the
  member's legislative office.
         (f)  The appointing house shall pair each alternate delegate
  with an appointed delegate at the time each appointment is made.
         Sec. 393.053.  VACANCY. (a)  An alternate delegate
  automatically fills a vacancy in the office of the alternate
  delegate's paired delegate unless the office of the alternate
  delegate is simultaneously vacated.
         (b)  Except as provided by Subsection (a), the house that
  appointed a delegate or alternate delegate shall fill a vacancy in
  the office of the delegate or alternate delegate as soon as possible
  after the vacancy occurs.
         Sec. 393.054.  RECALL. (a)  The house that appointed a
  delegate or alternate delegate may recall the delegate or alternate
  delegate.
         (b)  A vacancy created by the recall of a delegate or
  alternate delegate shall be filled in the manner provided by
  Section 393.053.
         Sec. 393.055.  COMPENSATION; REIMBURSEMENT OF EXPENSES.
  (a)  A delegate or alternate delegate is not entitled to
  compensation for service as a delegate or alternate delegate.
         (b)  A delegate or alternate delegate is entitled to
  reimbursement for necessary expenses incurred in performance of
  official duties, subject to any applicable limitation on
  reimbursement provided by general law or the General Appropriations
  Act.
         Sec. 393.056.  OATH. (a) The governor and an individual
  appointed as a delegate or alternate delegate must take the
  following oath before voting or taking an action as a delegate or
  alternate delegate of this state:  "I do solemnly swear (or affirm)
  that to the best of my abilities, I will, as a delegate (or
  alternate delegate) to the Article V convention, act according to
  the limits of the authority granted to me as a delegate or alternate
  delegate by Texas law, will not consider or vote to approve an
  amendment to the United States Constitution not authorized by the
  Texas Legislature in its application to the United States Congress
  to call this convention or an amendment outside the scope of this
  convention if the Texas Legislature did not make an application to
  the United States Congress to call this convention, and will
  faithfully abide by and execute the instructions to delegates or
  alternate delegates adopted by the Texas Legislature."
         (b)  Each delegate and alternate delegate must file the
  executed oath with the secretary of state.
         Sec. 393.057.  PROHIBITION ON ACCEPTANCE OF BENEFIT. A
  delegate or alternate delegate may not accept a gift, a loan, food
  or beverages, entertainment, lodging, transportation, or another
  benefit from a person, including a corporation, nonprofit
  organization, or individual, if that person is required to register
  as a lobbyist under Chapter 305 or under other law.
  SUBCHAPTER C. DUTIES OF DELEGATES AND ALTERNATE DELEGATES
         Sec. 393.101.  INSTRUCTIONS TO DELEGATES AND ALTERNATE
  DELEGATES. (a) The legislature by joint resolution shall adopt
  instructions to the delegates and alternate delegates to govern the
  actions of those officers at the Article V convention.
         (b)  The legislature may not adopt instructions for an
  Article V convention called following an application by the
  legislature to the United States Congress for the convention that
  authorize a delegate or alternate delegate to consider or vote to
  approve an amendment to the United States Constitution that is not
  authorized by the legislature in its application for the
  convention.
         (c)  The legislature by joint resolution may amend the
  instructions at any time.
         Sec. 393.102.  DUTY OF ALTERNATE DELEGATE. An alternate
  delegate shall act in the place of the alternate delegate's paired
  delegate when the delegate is absent from the convention.
         Sec. 393.103.  UNAUTHORIZED VOTE. (a)  A delegate or
  alternate delegate may not cast an unauthorized vote.
         (b)  Except as provided by Section 393.104, the
  determination that a vote cast by an appointed delegate or
  alternate delegate is an unauthorized vote may only be made by the
  house that appointed the delegate or alternate delegate who cast
  the vote.
         (c)  A vote cast by an appointed delegate or alternate
  delegate and determined to be an unauthorized vote is invalid.
         (d)  An appointed delegate or alternate delegate who casts a
  vote determined to be an unauthorized vote is disqualified to
  continue to serve as a delegate or alternate delegate.  A vacancy in
  the office of a delegate or alternate delegate created by the
  disqualification of the delegate or alternate delegate shall be
  filled in the manner provided by Section 393.053.
         (e)  The presiding officer of the house that determined that
  an appointed delegate or alternate delegate has cast an
  unauthorized vote shall promptly notify the head of the state
  delegation and the presiding officer of the Article V convention
  that the delegate or alternate delegate has cast an unauthorized
  vote and is disqualified to serve as a delegate or alternate
  delegate.
         Sec. 393.104.  OVERSIGHT COMMITTEE. (a)  The legislature
  shall appoint an Article V Oversight Committee at the time
  delegates and alternate delegates are appointed under Section
  393.052.
         (b)  The committee consists of the following 10 members:
               (1)  the lieutenant governor;
               (2)  the speaker of the house of representatives;
               (3)  the chair of the senate state affairs committee;
               (4)  the chair of the house state affairs committee;
               (5)  three members of the senate appointed by the
  lieutenant governor; and
               (6)  three members of the house of representatives
  appointed by the speaker of the house of representatives.
         (c)  The lieutenant governor and the speaker of the house of
  representatives are joint chairs of the committee.
         (d)  If the legislature is not convened in regular or special
  session at any time during which an Article V convention is
  convened, the members of the committee shall:
               (1)  meet at the call of either joint chair at the State
  Capitol; and
               (2)  determine whether a vote cast by an appointed
  delegate or alternate delegate is an unauthorized vote.
         (e)  A vote cast by an appointed delegate or alternate
  delegate is an unauthorized vote if seven or more members of the
  committee determine by committee vote that the vote cast was an
  unauthorized vote.
         (f)  The committee is not authorized to take any action when
  the legislature is convened in regular or special session.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
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