By: Elkins H.J.R. No. 101
A JOINT RESOLUTION
rescinding the application of the 26th Texas Legislature made in
the year 1899 to the United States Congress to call an unrestricted
national convention, pursuant to Article V of the United States
Constitution, for proposing undisclosed amendments to that
Constitution.
WHEREAS, In adopting Senate Concurrent Resolution No. 4, the
26th Texas Legislature, in the year 1899, applied to the United
States Congress to call a convention, under the terms of Article V
of the United States Constitution, "...for proposing amendments to
said Constitution..." that would be subject to potential
ratification; and
WHEREAS, That particular application--unlike subsequent and
more detailed applications from Texas lawmakers--did not prescribe
any boundaries on the subject matter of amendments to be discussed
or ultimately offered for ratification by such a nationwide
convention; and
WHEREAS, While indeed no Article V convention has yet taken
place thus far in American history, nevertheless, there is a very
real possibility that one, or more than one, could be triggered at
some point in the future--the precise results of which cannot be
predicted or known in advance; and
WHEREAS, At the present time, the Texas Legislature has
absolutely no desire or intention whatsoever for Congress to call
an Article V convention of a general, vague, and unlimited nature;
and
WHEREAS, Senate Concurrent Resolution No. 4 remains just as
alive and valid today as it was when it was approved by Texas
legislators 114 years ago; now, therefore, be it
RESOLVED, That the 83rd Legislature of the State of Texas,
Regular Session, 2013, hereby officially rescinds, repeals,
revokes, and nullifies Senate Concurrent Resolution No. 4, Acts of
the 26th Legislature, Regular Session, 1899, calling for an
open-ended, unclear, and indeterminate Article V convention to
propose for ratification unspecified federal constitutional
amendments, which application was duly received by Congress, and
reprinted word for word in the Congressional Record of December 11,
1899, at page 219, and which application was referred to the
Committee on the Judiciary in the United States House of
Representatives the very next day (Congressional Record at page
280); and be it further
RESOLVED, That, in a manner which would furnish confirmation
of delivery and tracking while en route, the Texas Secretary of
State shall transmit properly-certified copies of this joint
resolution--together with copies of Senate Concurrent Resolution
No. 4--pursuant to the Standing Rules of the United States Senate
(namely, Rule VII, paragraphs 4, 5, and 6) to the Vice-President of
the United States (in his capacity as presiding officer of the
United States Senate and addressed to him at the office which he
maintains inside the United States Capitol Building); to the
Secretary and Parliamentarian of the United States Senate; and to
both United States Senators representing Texas; accompanied by a
cover letter to each addressee drawing attention to the fact that it
is the 83rd Texas Legislature's courteous, yet firm, request that
the full and complete verbatim text of this joint resolution--as
well as the full and complete verbatim text of Senate Concurrent
Resolution No. 4--be duly published in the United States Senate's
portion of the Congressional Record, as an official memorial to the
United States Senate, and that this joint resolution--with Senate
Concurrent Resolution No. 4 appended thereto--be referred to
whichever committee(s) of the United States Senate that would have
appropriate jurisdiction in this matter, and be it further
RESOLVED, That, in a manner which would furnish confirmation
of delivery and tracking while en route, the Texas Secretary of
State shall likewise transmit properly-certified copies of this
joint resolution--together with copies of Senate Concurrent
Resolution No. 4--pursuant to the Rules of the United States House
of Representatives (namely, Rule XII, clauses 3 and 7) to the
Speaker, Clerk, and Parliamentarian of the United States House of
Representatives; and to all members of the United States House of
Representatives who represent districts in Texas; likewise
accompanied by a cover letter to each addressee drawing attention
to the fact that it is the 83rd Texas Legislature's courteous, yet
firm, request that the substance of this joint resolution--as well
as that of Senate Concurrent Resolution No. 4--be accurately
summarized in the United States House of Representatives' portion
of the Congressional Record, as an official memorial to the United
States House of Representatives, and that this joint
resolution--with Senate Concurrent Resolution No. 4 appended
thereto--be referred to whichever committee(s) of the United States
House of Representatives that would have appropriate jurisdiction
in this matter.