Texas 2015 - 84th Regular

Texas Senate Bill SB729 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R6357 TJB-D
2	2	By: Birdwell S.B. No. 729
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the qualifications, duties, and limitations of Texas
8	8	delegates to a constitutional convention called under Article V of
9	9	the United States Constitution.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle Z, Title 3, Government Code, is amended
12	12	by adding Chapter 393 to read as follows:
13	13	CHAPTER 393. DELEGATES TO FEDERAL ARTICLE V CONVENTIONS
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 393.001. DEFINITIONS. In this chapter:
16	16	(1) "Alternate delegate" means an individual
17	17	appointed under Section 393.052 to represent this state as an
18	18	alternate delegate at an Article V convention.
19	19	(2) "Article V convention" means a constitutional
20	20	convention called by the United States Congress under Article V of
21	21	the United States Constitution.
22	22	(3) "Delegate" means:
23	23	(A) an individual appointed under Section
24	24	393.052 to represent this state as a delegate at an Article V
25	25	convention; or
26	26	(B) an alternate delegate who fills a vacancy in
27	27	the office of the alternate delegate's paired delegate.
28	28	(4) "Unauthorized vote" means a vote cast by a
29	29	delegate or alternate delegate at an Article V convention that:
30	30	(A) is contrary to the instructions adopted under
31	31	Section 393.101 in effect at the time the vote is taken; or
32	32	(B) exceeds the scope or subject matter of the
33	33	Article V convention as authorized by the legislature in the
34	34	application to the United States Congress to call the convention.
35	35	Sec. 393.002. RULES AND PROCEDURES. (a) The legislature by
36	36	concurrent resolution shall provide the rules and procedures
37	37	necessary to implement this chapter.
38	38	(b) A legislative action relating to the appointment or
39	39	recall of delegates or alternate delegates, the adoption or
40	40	modification of instructions, or the determination of an
41	41	unauthorized vote may be accomplished through a joint resolution
42	42	adopted by each house.
43	43	SUBCHAPTER B. DELEGATES AND ALTERNATE DELEGATES
44	44	Sec. 393.051. QUALIFICATIONS. To be eligible to serve as a
45	45	delegate or alternate delegate an individual must:
46	46	(1) be a qualified voter as defined by Section 11.002,
47	47	Election Code;
48	48	(2) not be required to register as a lobbyist under
49	49	Chapter 305; and
50	50	(3) not hold an elected federal office.
51	51	Sec. 393.052. APPOINTMENT. (a) As soon as possible
52	52	following the calling of an Article V convention, the legislature
53	53	shall appoint:
54	54	(1) the number of delegates allocated to represent the
55	55	state at the Article V convention and an equal number of alternate
56	56	delegates; or
57	57	(2) two delegates and two alternate delegates if no
58	58	allocation is made.
59	59	(b) The legislature shall pair each alternate delegate with
60	60	a delegate at the time each appointment is made.
61	61	Sec. 393.053. VACANCY. (a) An alternate delegate
62	62	automatically fills a vacancy in the office of the alternate
63	63	delegate's paired delegate.
64	64	(b) The legislature shall fill a vacancy in the office of an
65	65	alternate delegate in the manner provided by Section 393.052.
66	66	Sec. 393.054. RECALL. (a) The legislature may recall a
67	67	delegate or alternate delegate.
68	68	(b) The legislature shall fill a vacancy created by the
69	69	recall of a delegate or alternate delegate in the manner provided by
70	70	Section 393.053.
71	71	Sec. 393.055. COMPENSATION; REIMBURSEMENT OF EXPENSES. (a)
72	72	A delegate or alternate delegate is not entitled to compensation
73	73	for service as a delegate or alternate delegate.
74	74	(b) A delegate or alternate delegate is entitled to
75	75	reimbursement for necessary expenses incurred in performance of
76	76	official duties, subject to any applicable limitation on
77	77	reimbursement provided by general law or the General Appropriations
78	78	Act.
79	79	Sec. 393.056. OATH. (a) An individual appointed as a
80	80	delegate or alternate delegate must take the following oath before
81	81	voting or taking an action as a delegate or alternate delegate of
82	82	this state: "I do solemnly swear (or affirm) that to the best of my
83	83	abilities, I will, as a delegate or alternate delegate to the
84	84	Article V Convention, act according to the limits of the authority
85	85	granted to me as a delegate or alternate delegate by Texas law, will
86	86	not consider or vote to approve an amendment to the United States
87	87	Constitution not authorized by the Texas Legislature in its
88	88	application to the United States Congress to call this convention,
89	89	and will faithfully abide by and execute any instructions to
90	90	delegates or alternate delegates adopted by the Texas Legislature."
91	91	(b) Each delegate and alternate delegate must file the
92	92	executed oath with the secretary of state.
93	93	SUBCHAPTER C. DUTIES OF DELEGATES AND ALTERNATE DELEGATES
94	94	Sec. 393.101. INSTRUCTIONS TO DELEGATES AND ALTERNATE
95	95	DELEGATES. (a) At the time delegates and alternate delegates are
96	96	appointed, the legislature shall adopt instructions to the
97	97	delegates and alternate delegates to govern the actions of those
98	98	officers at the Article V convention.
99	99	(b) The legislature may not adopt instructions that
100	100	authorize a delegate or alternate delegate to consider or vote to
101	101	approve an amendment to the United States Constitution that is not
102	102	authorized by the legislature in its application to the United
103	103	States Congress to call the Article V convention.
104	104	(c) The legislature may amend the instructions at any time.
105	105	Sec. 393.102. DUTY OF ALTERNATE DELEGATE. An alternate
106	106	delegate shall act in the place of the alternate delegate's paired
107	107	delegate when the delegate is absent from the convention.
108	108	Sec. 393.103. UNAUTHORIZED VOTE. (a) A delegate or
109	109	alternate delegate may not cast an unauthorized vote.
110	110	(b) The determination that a vote is an unauthorized vote
111	111	may only be made by the legislature.
112	112	(c) A vote determined to be an unauthorized vote is invalid.
113	113	(d) A delegate or alternate delegate who casts a vote
114	114	determined to be an unauthorized vote is disqualified to continue
115	115	to serve as a delegate or alternate delegate. The legislature shall
116	116	fill a vacancy created by a disqualification under this subsection
117	117	in the manner provided by Section 393.053.
118	118	(e) The legislature shall promptly notify the head of the
119	119	state delegation and the presiding officer of the Article V
120	120	convention if the legislature determines that a delegate or
121	121	alternate delegate has cast an unauthorized vote.
122	122	SECTION 2. This Act takes effect immediately if it receives
123	123	a vote of two-thirds of all the members elected to each house, as
124	124	provided by Section 39, Article III, Texas Constitution. If this
125	125	Act does not receive the vote necessary for immediate effect, this
126	126	Act takes effect September 1, 2015.