| 1 | 1 | | By: Harrison H.B. No. 5065 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to the recall of a United States senator by the |
|---|
| 7 | 7 | | legislature. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. The legislature finds that: |
|---|
| 10 | 10 | | (1) the federal government was intended to be a |
|---|
| 11 | 11 | | creation of and responsive to the sovereign states; |
|---|
| 12 | 12 | | (2) the 10th Amendment rights of states and the people |
|---|
| 13 | 13 | | have been significantly diminished since the adoption of the 17th |
|---|
| 14 | 14 | | Amendment; |
|---|
| 15 | 15 | | (3) a restoration of the appropriate balance of power |
|---|
| 16 | 16 | | between the sovereign State of Texas and the federal government is |
|---|
| 17 | 17 | | necessary; |
|---|
| 18 | 18 | | (4) the federal government has asserted itself in |
|---|
| 19 | 19 | | nearly all matters of human endeavor including the exercising of |
|---|
| 20 | 20 | | authorities not granted to it under the constitution; |
|---|
| 21 | 21 | | (5) the rate of unconstitutional encroachments on |
|---|
| 22 | 22 | | state sovereignty has increased since the adoption of the 17th |
|---|
| 23 | 23 | | Amendment; and |
|---|
| 24 | 24 | | (6) it is necessary to restore the original |
|---|
| 25 | 25 | | constitutional design that federal senators serve the best interest |
|---|
| 26 | 26 | | of the State of Texas. |
|---|
| 27 | 27 | | SECTION 2. Title 9, Election Code, is amended by adding |
|---|
| 28 | 28 | | Chapter 147 to read as follows: |
|---|
| 29 | 29 | | CHAPTER 147. UNITED STATES SENATORS |
|---|
| 30 | 30 | | Sec. 147.001. RECALL BY LEGISLATURE. (a) A person holding |
|---|
| 31 | 31 | | the office of United States senator elected from this state is |
|---|
| 32 | 32 | | subject to recall by a majority vote of each house of the Texas |
|---|
| 33 | 33 | | Legislature. |
|---|
| 34 | 34 | | (b) A vacancy in the office of United States senator occurs |
|---|
| 35 | 35 | | on the date of a successful recall under this section. |
|---|
| 36 | 36 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 40 | 40 | | Act takes effect September 1, 2023. |
|---|