Texas 2015 - 84th Regular

Texas House Bill HB1110 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R13525 TJB-D
2		-	By: King of Parker, Burns, Huberty, et al. H.B. No. 1110
3		-	Substitute the following for H.B. No. 1110:
4		-	By: King of Parker C.S.H.B. No. 1110
	1	+	By: King of Parker, Burns, Huberty, Price, H.B. No. 1110
	2	+	Phillips, et al.
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the qualifications, duties, and limitations of Texas
10	8		delegates to a convention called under Article V of the United
11	9		States Constitution.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Subtitle Z, Title 3, Government Code, is amended
14	12		by adding Chapter 393 to read as follows:
15	13		CHAPTER 393. DELEGATES TO FEDERAL ARTICLE V CONVENTIONS
16	14		SUBCHAPTER A. GENERAL PROVISIONS
17	15		Sec. 393.001. DEFINITIONS. In this chapter:
18	16		(1) "Alternate delegate" means an individual
19	17		appointed under Section 393.052 to represent this state as an
20	18		alternate delegate at an Article V convention.
21	19		(2) "Article V convention" means a convention called
22	20		by the United States Congress under Article V of the United States
23	21		Constitution.
24	22		(3) "Delegate" means:
25	23		(A) an individual appointed under Section
26	24		393.052 to represent this state as a delegate at an Article V
27	25		convention; or
28	26		(B) an alternate delegate who fills a vacancy in
29	27		the office of the alternate delegate's paired delegate.
30	28		(4) "Unauthorized vote" means a vote cast by a
31	29		delegate or alternate delegate at an Article V convention that:
32		-	(A) is contrary to ~~the~~ instructions adopted under
33		-	Section 393.101 in effect at the time the vote is taken; or
	30	+	(A) is contrary to any instructions adopted under
	31	+	Section 393.101 in effect at the time the vote is taken;
34	32		(B) exceeds the scope or subject matter of the
35	33		Article V convention as authorized by the legislature in the
36		-	application to the United States Congress to call the convention.
	34	+	application to the United States Congress to call the convention if
	35	+	the legislature made an application to call the convention; or
	36	+	(C) exceeds the scope or subject matter of the
	37	+	Article V convention if the legislature did not make an application
	38	+	to the United States Congress to call the convention.
37	39		Sec. 393.002. RULES AND PROCEDURES. (a) The legislature by
38		-	concurrent resolution ~~shall~~ provide the rules and procedures
	40	+	concurrent resolution may provide the rules and procedures
39	41		necessary to implement this chapter.
40	42		(b) A legislative action relating to the appointment or
41	43		recall of delegates or alternate delegates, the adoption or
42	44		modification of instructions, or the determination of an
43	45		unauthorized vote may be accomplished through a joint resolution
44	46		adopted by each house.
45	47		SUBCHAPTER B. DELEGATES AND ALTERNATE DELEGATES
46	48		Sec. 393.051. QUALIFICATIONS. To be eligible to serve as a
47	49		delegate or alternate delegate an individual must:
48	50		(1) be a qualified voter as defined by Section 11.002,
49	51		Election Code;
50	52		(2) not be required to register as a lobbyist under
51	53		Chapter 305; and
52	54		(3) not hold an elected federal office.
53	55		Sec. 393.052. APPOINTMENT. (a) As soon as possible
54	56		following the calling of an Article V convention, the legislature
55	57		shall appoint:
56	58		(1) the number of delegates allocated to represent the
57	59		state at the Article V convention and an equal number of alternate
58	60		delegates; or
59		-	(2) ~~two~~ delegates and ~~two~~ alternate delegates if no
60		-	allocation is made.
	61	+	(2) three delegates and three alternate delegates if
	62	+	no allocation is made.
61	63		(b) The legislature shall pair each alternate delegate with
62	64		a delegate at the time each appointment is made.
	65	+	(c) If the legislature is unable to appoint delegates and
	66	+	alternate delegates under Subsection (a) at least 30 days before
	67	+	the date an Article V convention is scheduled to begin, the
	68	+	governor, lieutenant governor, and speaker of the house of
	69	+	representatives shall each appoint one delegate and one paired
	70	+	alternate delegate to the convention.
	71	+	(d) If the number of delegates allocated to represent the
	72	+	state is fewer than three and the legislature is unable to appoint
	73	+	the delegates and alternate delegates under Subsection (a) at least
	74	+	30 days before the date an Article V convention is scheduled to
	75	+	begin, the governor shall appoint all delegates and alternate
	76	+	delegates to the convention.
63	77		Sec. 393.053. VACANCY. (a) An alternate delegate
64	78		automatically fills a vacancy in the office of the alternate
65	79		delegate's paired delegate.
66		-	(b) The legislature shall fill a vacancy in the office of an
67		-	alternate delegate in the manner provided by Section 393.052.
	80	+	(b) The legislature or appointing officer, as applicable,
	81	+	shall fill a vacancy in the office of an alternate delegate in the
	82	+	manner provided by Section 393.052.
68	83		Sec. 393.054. RECALL. (a) The legislature may recall a
69	84		delegate or alternate delegate.
70	85		(b) The legislature shall fill a vacancy created by the
71	86		recall of a delegate or alternate delegate in the manner provided by
72	87		Section 393.053.
73	88		Sec. 393.055. COMPENSATION; REIMBURSEMENT OF EXPENSES. (a)
74	89		A delegate or alternate delegate is not entitled to compensation
75	90		for service as a delegate or alternate delegate.
76	91		(b) A delegate or alternate delegate is entitled to
77	92		reimbursement for necessary expenses incurred in performance of
78	93		official duties, subject to any applicable limitation on
79	94		reimbursement provided by general law or the General Appropriations
80	95		Act.
81	96		Sec. 393.056. OATH. (a) An individual appointed as a
82	97		delegate or alternate delegate must take the following oath before
83	98		voting or taking an action as a delegate or alternate delegate of
84	99		this state: "I do solemnly swear (or affirm) that to the best of my
85	100		abilities, I will, as a delegate or alternate delegate to the
86	101		Article V Convention, act according to the limits of the authority
87	102		granted to me as a delegate or alternate delegate by Texas law, will
88	103		not consider or vote to approve an amendment to the United States
89	104		Constitution not authorized by the Texas Legislature in its
90		-	application to the United States Congress to call this convention,
91		-	and will faithfully abide by and execute any instructions to
92		-	delegates or alternate delegates adopted by the Texas Legislature."
	105	+	application to the United States Congress to call this convention
	106	+	or an amendment outside the scope of this convention if the Texas
	107	+	Legislature did not make an application to the United States
	108	+	Congress to call this convention, and will faithfully abide by and
	109	+	execute any instructions to delegates or alternate delegates
	110	+	adopted by the Texas Legislature."
93	111		(b) Each delegate and alternate delegate must file the
94	112		executed oath with the secretary of state.
95	113		SUBCHAPTER C. DUTIES OF DELEGATES AND ALTERNATE DELEGATES
96	114		Sec. 393.101. INSTRUCTIONS TO DELEGATES AND ALTERNATE
97	115		DELEGATES. (a) At the time delegates and alternate delegates are
98		-	appointed, the legislature shall adopt instructions to the
99		-	delegates and alternate delegates to govern the actions of those
100		-	officers at the Article V convention.
101		-	(b) The legislature may not adopt instructions that
	116	+	appointed, the legislature may adopt instructions to the delegates
	117	+	and alternate delegates to govern the actions of those officers at
	118	+	the Article V convention.
	119	+	(b) The legislature may not adopt instructions for an
	120	+	Article V convention called following an application by the
	121	+	legislature to the United States Congress for the convention that
102	122		authorize a delegate or alternate delegate to consider or vote to
103	123		approve an amendment to the United States Constitution that is not
104		-	authorized by the legislature in its application to the ~~United~~
105		-	~~States Congress to call the Article V~~ convention.
	124	+	authorized by the legislature in its application for the
	125	+	convention.
106	126		(c) The legislature may amend the instructions at any time.
107	127		Sec. 393.102. DUTY OF ALTERNATE DELEGATE. An alternate
108	128		delegate shall act in the place of the alternate delegate's paired
109	129		delegate when the delegate is absent from the convention.
110	130		Sec. 393.103. UNAUTHORIZED VOTE. (a) A delegate or
111	131		alternate delegate may not cast an unauthorized vote.
112	132		(b) The determination that a vote is an unauthorized vote
113	133		may only be made by the legislature.
114	134		(c) A vote determined to be an unauthorized vote is invalid.
115	135		(d) A delegate or alternate delegate who casts a vote
116	136		determined to be an unauthorized vote is disqualified to continue
117	137		to serve as a delegate or alternate delegate. The legislature shall
118	138		fill a vacancy created by a disqualification under this subsection
119	139		in the manner provided by Section 393.053.
120	140		(e) The legislature shall promptly notify the head of the
121	141		state delegation and the presiding officer of the Article V
122	142		convention if the legislature determines that a delegate or
123	143		alternate delegate has cast an unauthorized vote.
124	144		SECTION 2. This Act takes effect immediately if it receives
125	145		a vote of two-thirds of all the members elected to each house, as
126	146		provided by Section 39, Article III, Texas Constitution. If this
127	147		Act does not receive the vote necessary for immediate effect, this
128	148		Act takes effect September 1, 2015.