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


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 9-0)

Status: (Introduced) 2016-12-06 - Filed [SB21 Detail]

Download: Texas-2017-SB21-Introduced.html
  85R2109 TJB-F
 
  By: Birdwell, et al. S.B. No. 21
 
 
 
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 393.051 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)  an individual appointed under Section
  393.051 to represent this state as a delegate at an Article V
  convention; or
                     (B)  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.  APPOINTMENT. (a) As soon as possible
  following the calling of an Article V convention, the legislature
  shall appoint delegates and alternate delegates to the convention
  as provided by Subsection (b) or (c), as applicable.
         (b)  Except as provided by Subsection (c), the legislature
  shall appoint five delegates and five alternate delegates to the
  Article V convention as follows:
               (1)  the house of representatives shall appoint three
  members of the house as delegates and three members of the house as
  alternate delegates; and
               (2)  the senate shall appoint two members of the senate
  as delegates and two members of the senate as alternate delegates.
         (c)  If the number of delegates allocated to represent the
  state at the Article V convention is determined by Congress or by
  agreement among the states to be a number other than five, the
  legislature shall appoint the allocated number of delegates and an
  equal number of alternate delegates as follows:
               (1)  if the allocated number of delegates is an odd
  number:
                     (A)  the house of representatives shall appoint a
  number of members of the house as delegates that is equal to
  three-fifths of the allocated number or as close to that proportion
  as possible and the same number of members of the house as alternate
  delegates; and
                     (B)  the senate shall appoint a number of members
  of the senate as delegates that is equal to two-fifths of the
  allocated number or as close to that proportion as possible and the
  same number of members of the senate as alternate delegates; and
               (2)  if the allocated number of delegates is an even
  number:
                     (A)  the house of representatives shall appoint a
  number of members of the house as delegates that is equal to
  one-half of the allocated number and the same number of members of
  the house as alternate delegates; and
                     (B)  the senate shall appoint a number of members
  of the senate as delegates that is equal to one-half of the
  allocated number and the same number of members of the senate as
  alternate delegates.
         (d)  Service as a delegate or alternate delegate by a member
  of the legislature is an additional duty of the member's
  legislative office.
         (e)  The appointing house shall pair each alternate delegate
  with a delegate at the time each appointment is made.
         Sec. 393.052.  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. 393.053.  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 393.052.
         Sec. 393.054.  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. 393.055.  OATH. (a) 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.
  SUBCHAPTER C. DUTIES OF DELEGATES AND ALTERNATE DELEGATES
         Sec. 393.101.  INSTRUCTIONS TO DELEGATES AND ALTERNATE
  DELEGATES. (a) At the time delegates and alternate delegates are
  appointed, 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)  The determination that a vote 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 determined to be an unauthorized vote is invalid. 
         (d)  A 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 393.052.
         (e)  The presiding officer of the house that determined that
  a 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.
         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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