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.
Spectrum: Partisan Bill (Republican 1-0)
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 |
|
||
|
||
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. |