85R24602 TJB-F
By: Birdwell, et al. S.B. No. 21
(King of Parker)
Substitute the following for S.B. No. 21: No.
A BILL TO BE ENTITLED
AN ACT
relating to the qualifications, duties, and limitations of Texas
delegates to a 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 convention called
by the United States Congress under Article V of the United States
Constitution.
(3) "Delegate" means:
(A) the governor;
(B) an individual appointed under Section
393.052 to represent this state as a delegate at an Article V
convention; or
(C) 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;
(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 if
the legislature made an application to call the convention; or
(C) exceeds the scope or subject matter of the
Article V convention if the legislature did not make an 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 a delegate or alternate delegate, the filling of a vacancy
in the office of a delegate or alternate delegate, or the
determination of an unauthorized vote may be accomplished through a
resolution adopted by the house that takes the action.
SUBCHAPTER B. DELEGATES AND ALTERNATE DELEGATES
Sec. 393.051. GOVERNOR AS EX OFFICIO DELEGATE. (a) The
governor shall serve as a delegate to an Article V convention.
(b) The governor is the head of the state delegation of
delegates to the convention.
(c) Service as a delegate by the governor is an additional
duty of the governor's office.
Sec. 393.052. APPOINTMENT. (a) The legislature shall
appoint delegates and alternate delegates to the convention, other
than the governor, as provided by this section.
(b) If the difference between the number of delegates
allocated to represent the state at the Article V convention and one
is an even number:
(1) the house of representatives shall appoint a
number of individuals as delegates that is equal to one-half of that
number and the same number of individuals as alternate delegates;
and
(2) the senate shall appoint a number of individuals
as delegates that is equal to one-half of that number and the same
number of individuals as alternate delegates.
(c) If the difference between the number of delegates
allocated to represent the state at the Article V convention and one
is an odd number greater than one:
(1) the house of representatives shall appoint a
number of individuals as delegates that is equal to three-fifths of
that number or as close to that proportion as possible and the same
number of individuals as alternate delegates; and
(2) the senate shall appoint a number of individuals
as delegates that is equal to two-fifths of that number or as close
to that proportion as possible and the same number of individuals as
alternate delegates.
(d) If the number of delegates allocated to represent the
state at the Article V convention is two, the house of
representatives shall appoint one individual as a delegate and one
individual as an alternate delegate.
(e) If applicable, service as a delegate or alternate
delegate by a member of the legislature is an additional duty of the
member's legislative office.
(f) The appointing house shall pair each alternate delegate
with an appointed 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 unless the office of the alternate
delegate is simultaneously vacated.
(b) Except as provided by Subsection (a), the house that
appointed a delegate or alternate delegate shall fill a vacancy in
the office of the delegate or alternate delegate as soon as possible
after the vacancy occurs.
Sec. 393.054. RECALL. (a) The house that appointed a
delegate or alternate delegate may recall the delegate or alternate
delegate.
(b) A vacancy created by the recall of a delegate or
alternate delegate shall be filled 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) The governor and 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 or an amendment outside the scope of this
convention if the Texas Legislature did not make an application to
the United States Congress to call this convention, and will
faithfully abide by and execute the 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.
Sec. 393.057. PROHIBITION ON ACCEPTANCE OF BENEFIT. A
delegate or alternate delegate may not accept a gift, a loan, food
or beverages, entertainment, lodging, transportation, or another
benefit from a person, including a corporation, nonprofit
organization, or individual, if that person is required to register
as a lobbyist under Chapter 305 or under other law.
SUBCHAPTER C. DUTIES OF DELEGATES AND ALTERNATE DELEGATES
Sec. 393.101. INSTRUCTIONS TO DELEGATES AND ALTERNATE
DELEGATES. (a) The legislature by joint resolution 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 for an
Article V convention called following an application by the
legislature to the United States Congress for the convention 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 for the
convention.
(c) The legislature by joint resolution 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) Except as provided by Section 393.104, the
determination that a vote cast by an appointed delegate or
alternate delegate is an unauthorized vote may only be made by the
house that appointed the delegate or alternate delegate who cast
the vote.
(c) A vote cast by an appointed delegate or alternate
delegate and determined to be an unauthorized vote is invalid.
(d) An appointed 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. A vacancy in
the office of a delegate or alternate delegate created by the
disqualification of the delegate or alternate delegate shall be
filled in the manner provided by Section 393.053.
(e) The presiding officer of the house that determined that
an appointed delegate or alternate delegate has cast an
unauthorized vote shall promptly notify the head of the state
delegation and the presiding officer of the Article V convention
that the delegate or alternate delegate has cast an unauthorized
vote and is disqualified to serve as a delegate or alternate
delegate.
Sec. 393.104. OVERSIGHT COMMITTEE. (a) The legislature
shall appoint an Article V Oversight Committee at the time
delegates and alternate delegates are appointed under Section
393.052.
(b) The committee consists of the following 10 members:
(1) the lieutenant governor;
(2) the speaker of the house of representatives;
(3) the chair of the senate state affairs committee;
(4) the chair of the house state affairs committee;
(5) three members of the senate appointed by the
lieutenant governor; and
(6) three members of the house of representatives
appointed by the speaker of the house of representatives.
(c) The lieutenant governor and the speaker of the house of
representatives are joint chairs of the committee.
(d) If the legislature is not convened in regular or special
session at any time during which an Article V convention is
convened, the members of the committee shall:
(1) meet at the call of either joint chair at the State
Capitol; and
(2) determine whether a vote cast by an appointed
delegate or alternate delegate is an unauthorized vote.
(e) A vote cast by an appointed delegate or alternate
delegate is an unauthorized vote if seven or more members of the
committee determine by committee vote that the vote cast was an
unauthorized vote.
(f) The committee is not authorized to take any action when
the legislature is convened in regular or special session.
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, 2017.