By: Estes S.J.R. No. 53
SENATE JOINT RESOLUTION
rescinding every application made at any time by the Legislature of
the State of Texas to the United States Congress to call a national
convention, pursuant to Article V of the United States
Constitution, for proposing any amendment or amendments to that
Constitution.
WHEREAS, Over the years, the Texas Legislature has approved
resolutions officially applying to the Congress of the United
States to call a convention, under the terms of Article V of the
Constitution of the United States, to offer various amendments to
that Constitution; and
WHEREAS, With no statutory or constitutional infrastructure
currently in place that would address such basic concerns as how
such a convention would operate procedurally, who would serve as
delegates, how many delegates there would be, and whether or not
such a convention could be limited to just one subject, among
several other lingering issues, it would be unwise for this country
to initiate such a convention; and
WHEREAS, While 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 results of which cannot be predicted; and
WHEREAS, As recently as the 1980s, our nation came
dangerously close to an Article V convention ostensibly for the
otherwise laudable goal of adding an amendment to the United States
Constitution to require that the budget of the federal government
be balanced; and
WHEREAS, From 1988 to 2010, lawmakers in 17 states rescinded
their applications for an Article V convention for a balanced
budget amendment; and
WHEREAS, At the present time, given the numerous unanswered
questions surrounding an Article V convention, it should be made
abundantly clear that the Texas Legislature has absolutely no
desire or intention for Congress to call an Article V convention,
whether such a convention be for one single, presumably specific
proposed amendment, or be it for an amendment or amendments for
which no particular description or details have been set forth; and
WHEREAS, Regardless of their age, such past resolutions from
Texas lawmakers remain alive and valid until such time as they are
later formally rescinded; now, therefore, be it
RESOLVED, That the 83rd Legislature of the State of Texas,
Regular Session, 2013, hereby officially rescinds, repeals,
revokes, and nullifies any and all prior applications from Texas
legislators applying to the United States Congress for the calling
of a convention pursuant to Article V of the United States
Constitution, regardless of how old such previous applications
might be, and irrespective of what subject matters such
applications pertained to; 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 of rescission, 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 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 be referred to whichever committee or committees of the
United States Senate 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 of rescission, 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 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 be referred to whichever committee
or committees of the United States House of Representatives have
appropriate jurisdiction in this matter.