85R6708 E
By: Klick H.J.R. No. 77
A JOINT RESOLUTION
rescinding the 1899 application of the 26th Texas Legislature to
the United States Congress to call an unrestricted national
convention under 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 amendatory 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 contrived 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 amendatory 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 118 years ago; now, therefore, be it
RESOLVED, That the 85th Legislature of the State of Texas,
Regular Session, 2017, 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 amendatory
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 of rescission--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 85th 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 or committees 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 of rescission--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 85th 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 or committees of the
United States House of Representatives that would have appropriate
jurisdiction in this matter.