Bill Text: TX SB729 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the qualifications, duties, and limitations of Texas delegates to a constitutional convention called under Article V of the United States Constitution.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-03-02 - Referred to State Affairs [SB729 Detail]
Download: Texas-2015-SB729-Introduced.html
| 84R6357 TJB-D | ||
| By: Birdwell | S.B. No. 729 | |
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| relating to the qualifications, duties, and limitations of Texas | ||
| delegates to a constitutional 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 constitutional | ||
| convention called by the United States Congress under Article V of | ||
| the United States Constitution. | ||
| (3) "Delegate" means: | ||
| (A) an individual appointed under Section | ||
| 393.052 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; or | ||
| (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. | ||
| 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 delegates or alternate delegates, the adoption or | ||
| modification of instructions, or the determination of an | ||
| unauthorized vote may be accomplished through a joint resolution | ||
| adopted by each house. | ||
| SUBCHAPTER B. DELEGATES AND ALTERNATE DELEGATES | ||
| Sec. 393.051. QUALIFICATIONS. To be eligible to serve as a | ||
| delegate or alternate delegate an individual must: | ||
| (1) be a qualified voter as defined by Section 11.002, | ||
| Election Code; | ||
| (2) not be required to register as a lobbyist under | ||
| Chapter 305; and | ||
| (3) not hold an elected federal office. | ||
| Sec. 393.052. APPOINTMENT. (a) As soon as possible | ||
| following the calling of an Article V convention, the legislature | ||
| shall appoint: | ||
| (1) the number of delegates allocated to represent the | ||
| state at the Article V convention and an equal number of alternate | ||
| delegates; or | ||
| (2) two delegates and two alternate delegates if no | ||
| allocation is made. | ||
| (b) The legislature shall pair each alternate delegate with | ||
| a 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. | ||
| (b) The legislature shall fill a vacancy in the office of an | ||
| alternate delegate in the manner provided by Section 393.052. | ||
| Sec. 393.054. RECALL. (a) The legislature may recall a | ||
| delegate or alternate delegate. | ||
| (b) The legislature shall fill a vacancy created by the | ||
| recall of a delegate or alternate delegate 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) 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, | ||
| and will faithfully abide by and execute any 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 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 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 to the United | ||
| States Congress to call the Article V convention. | ||
| (c) The legislature 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 legislature. | ||
| (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. The legislature shall | ||
| fill a vacancy created by a disqualification under this subsection | ||
| in the manner provided by Section 393.053. | ||
| (e) The legislature shall promptly notify the head of the | ||
| state delegation and the presiding officer of the Article V | ||
| convention if the legislature determines that a delegate or | ||
| alternate delegate has cast an unauthorized vote. | ||
| 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, 2015. | ||
