84R6357 TJB-D
By: Birdwell S.B. No. 729
A BILL TO BE ENTITLED
AN ACT
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.