Bill Text: TX SB21 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the qualifications, duties, and limitations of Texas delegates to a convention called under Article V of the United States Constitution.
Sponsorship: Broadly Bipartisan Bill
Status: (Passed) 2017-06-06 - Effective immediately [SB21 Detail]
Download: Texas-2017-SB21-Enrolled.html
| S.B. No. 21 | ||
|
|
||
| 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 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. | ||
| Sec. 393.056. 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 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. | ||
| 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 | ||
| 393.051. | ||
| (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 a delegate or | ||
| alternate delegate is an unauthorized vote for the purposes of | ||
| Section 393.103. | ||
| (e) A vote cast by a delegate or alternate delegate is an | ||
| unauthorized vote for the purposes of Section 393.103 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 21 passed the Senate on | ||
| February 28, 2017, by the following vote: Yeas 21, Nays 10; | ||
| May 10, 2017, Senate refused to concur in House amendments and | ||
| requested appointment of Conference Committee; May 19, 2017, House | ||
| granted request of the Senate; May 27, 2017, Senate adopted | ||
| Conference Committee Report by the following vote: Yeas 21, | ||
| Nays 10. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 21 passed the House, with | ||
| amendments, on May 4, 2017, by the following vote: Yeas 119, | ||
| Nays 20, two present not voting; May 19, 2017, House granted | ||
| request of the Senate for appointment of Conference Committee; | ||
| May 25, 2017, House adopted Conference Committee Report by the | ||
| following vote: Yeas 113, Nays 31, one present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
