Texas 2017 - 85th Regular

Texas Senate Bill SJR38 Compare Versions

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1-85R24777 MAW-F
2- By: Estes, et al. S.J.R. No. 38
3- (Darby)
4- Substitute the following for S.J.R. No. 38: No.
1+S.J.R. No. 38
52
63
7- A JOINT RESOLUTION
84 rescinding certain applications made by the Texas Legislature to
95 the United States Congress to call a national convention under
106 Article V of the United States Constitution for proposing any
117 amendment to that Constitution.
128 WHEREAS, Over the years, the Texas Legislature has approved
139 resolutions officially applying to the Congress of the United
1410 States to call a convention, under the terms of Article V of the
1511 Constitution of the United States, to offer various amendments to
1612 that Constitution; and
1713 WHEREAS, While no Article V amendatory convention has yet
1814 taken place thus far in American history, nevertheless, there is a
1915 very real possibility that one, or more than one, could be triggered
2016 at some point in the future; and
2117 WHEREAS, Regardless of their age, such past applications from
2218 Texas lawmakers remain alive and valid until such time as they are
2319 later formally rescinded; now, therefore, be it
2420 RESOLVED, That the 85th Legislature of the State of Texas,
2521 Regular Session, 2017, hereby officially rescinds, repeals,
2622 revokes, cancels, voids, and nullifies any and all applications
2723 from Texas legislators prior to the 85th Legislature, Regular
2824 Session, 2017, other than the application provided by H.C.R.
2925 No. 31, Acts of the 65th Legislature, Regular Session, 1977, that
3026 apply to the United States Congress for the calling of a convention,
3127 pursuant to Article V of the United States Constitution, regardless
3228 of how old such previous applications might be, and irrespective of
3329 what subject matters such applications pertained to; and, be it
3430 further
3531 RESOLVED, That the 85th Legislature of the State of Texas,
3632 Regular Session, 2017, hereby declares that any application to the
3733 United States Congress for the calling of a convention under
3834 Article V of the United States Constitution that is submitted by the
3935 Texas Legislature during or after this Regular Session shall be
4036 automatically rescinded, repealed, revoked, canceled, voided, and
4137 nullified if the applicable convention is not called on or before
4238 the eighth anniversary of the date the last legislative vote is
4339 taken on the application; and, be it further
4440 RESOLVED, That, in a manner which would furnish confirmation
4541 of delivery and tracking while en route, the Texas secretary of
4642 state shall transmit properly certified copies of this joint
4743 resolution of rescission, pursuant to the Standing Rules of the
4844 United States Senate (namely, Rule VII, paragraphs 4, 5, and 6), to
4945 the vice president of the United States (in his capacity as
5046 presiding officer of the United States Senate and addressed to him
5147 at the office which he maintains inside the United States Capitol
5248 Building); to the secretary and parliamentarian of the United
5349 States Senate; and to both United States senators representing
5450 Texas; accompanied by a cover letter to each addressee drawing
5551 attention to the fact that it is the 85th Texas Legislature's
5652 courteous, yet firm, request that the full and complete verbatim
5753 text of this joint resolution be duly published in the United States
5854 Senate's portion of the Congressional Record as an official
5955 memorial to the United States Senate, and that this joint
6056 resolution be referred to whichever committee or committees of the
6157 United States Senate that would have appropriate jurisdiction in
6258 this matter; and, be it further
6359 RESOLVED, That, in a manner which would furnish confirmation
6460 of delivery and tracking while en route, the Texas secretary of
6561 state shall likewise transmit properly certified copies of this
6662 joint resolution of rescission, pursuant to the Rules of the United
6763 States House of Representatives (namely, Rule XII, clauses 3 and
6864 7), to the speaker, clerk, and parliamentarian of the United States
6965 House of Representatives; and to all members of the United States
7066 House of Representatives who represent districts in Texas; likewise
7167 accompanied by a cover letter to each addressee drawing attention
7268 to the fact that it is the 85th Texas Legislature's courteous, yet
7369 firm, request that the substance of this joint resolution be
7470 accurately summarized in the United States House of
7571 Representatives' portion of the Congressional Record as an official
7672 memorial to the United States House of Representatives, and that
7773 this joint resolution be referred to whichever committee or
7874 committees of the United States House of Representatives that would
7975 have appropriate jurisdiction in this matter.
76+ ______________________________ ______________________________
77+ President of the Senate Speaker of the House
78+ I hereby certify that S.J.R. No. 38 was adopted by the Senate
79+ on February 28, 2017, by the following vote: Yeas 31, Nays 0; and
80+ that the Senate concurred in House amendment on May 11, 2017, by the
81+ following vote: Yeas 31, Nays 0.
82+ ______________________________
83+ Secretary of the Senate
84+ I hereby certify that S.J.R. No. 38 was adopted by the House,
85+ with amendment, on May 3, 2017, by the following vote: Yeas 125,
86+ Nays 20, one present not voting.
87+ ______________________________
88+ Chief Clerk of the House