85R2109 TJB-F
By: Birdwell, et al. S.B. No. 21
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 393.051 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) an individual appointed under Section
393.051 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;
(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. APPOINTMENT. (a) As soon as possible
following the calling of an Article V convention, the legislature
shall appoint delegates and alternate delegates to the convention
as provided by Subsection (b) or (c), as applicable.
(b) Except as provided by Subsection (c), the legislature
shall appoint five delegates and five alternate delegates to the
Article V convention as follows:
(1) the house of representatives shall appoint three
members of the house as delegates and three members of the house as
alternate delegates; and
(2) the senate shall appoint two members of the senate
as delegates and two members of the senate as alternate delegates.
(c) If the number of delegates allocated to represent the
state at the Article V convention is determined by Congress or by
agreement among the states to be a number other than five, the
legislature shall appoint the allocated number of delegates and an
equal number of alternate delegates as follows:
(1) if the allocated number of delegates is an odd
number:
(A) the house of representatives shall appoint a
number of members of the house as delegates that is equal to
three-fifths of the allocated number or as close to that proportion
as possible and the same number of members of the house as alternate
delegates; and
(B) the senate shall appoint a number of members
of the senate as delegates that is equal to two-fifths of the
allocated number or as close to that proportion as possible and the
same number of members of the senate as alternate delegates; and
(2) if the allocated number of delegates is an even
number:
(A) the house of representatives shall appoint a
number of members of the house as delegates that is equal to
one-half of the allocated number and the same number of members of
the house as alternate delegates; and
(B) the senate shall appoint a number of members
of the senate as delegates that is equal to one-half of the
allocated number and the same number of members of the senate as
alternate delegates.
(d) Service as a delegate or alternate delegate by a member
of the legislature is an additional duty of the member's
legislative office.
(e) The appointing house shall pair each alternate delegate
with a delegate at the time each appointment is made.
Sec. 393.052. 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. 393.053. 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 393.052.
Sec. 393.054. 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. 393.055. 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
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.
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 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) The determination that a vote 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 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. 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 393.052.
(e) The presiding officer of the house that determined that
a 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.
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.