85R24777 MAW-F
By: Estes, et al. S.J.R. No. 38
(Darby)
Substitute the following for S.J.R. No. 38: No.
A JOINT RESOLUTION
rescinding certain applications made by the Texas Legislature to
the United States Congress to call a national convention under
Article V of the United States Constitution for proposing any
amendment to that Constitution.
WHEREAS, Over the years, the Texas Legislature has approved
resolutions officially applying to the Congress of the United
States to call a convention, under the terms of Article V of the
Constitution of the United States, to offer various amendments to
that Constitution; and
WHEREAS, While 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; and
WHEREAS, Regardless of their age, such past applications from
Texas lawmakers remain alive and valid until such time as they are
later formally rescinded; now, therefore, be it
RESOLVED, That the 85th Legislature of the State of Texas,
Regular Session, 2017, hereby officially rescinds, repeals,
revokes, cancels, voids, and nullifies any and all applications
from Texas legislators prior to the 85th Legislature, Regular
Session, 2017, other than the application provided by H.C.R.
No. 31, Acts of the 65th Legislature, Regular Session, 1977, that
apply to the United States Congress for the calling of a convention,
pursuant to Article V of the United States Constitution, regardless
of how old such previous applications might be, and irrespective of
what subject matters such applications pertained to; and, be it
further
RESOLVED, That the 85th Legislature of the State of Texas,
Regular Session, 2017, hereby declares that any application to the
United States Congress for the calling of a convention under
Article V of the United States Constitution that is submitted by the
Texas Legislature during or after this Regular Session shall be
automatically rescinded, repealed, revoked, canceled, voided, and
nullified if the applicable convention is not called on or before
the eighth anniversary of the date the last legislative vote is
taken on the application; 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, 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 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 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, 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 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 be referred to whichever committee or
committees of the United States House of Representatives that would
have appropriate jurisdiction in this matter.