1 | 1 | | By: Harrison H.B. No. 1267 |
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3 | 3 | | |
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5 | 5 | | |
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6 | 6 | | A BILL TO BE ENTITLED |
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7 | 7 | | AN ACT |
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8 | 8 | | relating to the recall of a United States senator by the |
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9 | 9 | | legislature. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. The legislature finds that: |
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12 | 12 | | (1) the federal government was intended to be a |
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13 | 13 | | creation of and responsive to the sovereign states; |
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14 | 14 | | (2) the 10th Amendment rights of states and the people |
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15 | 15 | | have been significantly diminished since the adoption of the 17th |
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16 | 16 | | Amendment; |
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17 | 17 | | (3) a restoration of the appropriate balance of power |
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18 | 18 | | between the sovereign State of Texas and the federal government is |
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19 | 19 | | necessary; |
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20 | 20 | | (4) the federal government has asserted itself in |
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21 | 21 | | nearly all matters of human endeavor including the exercising of |
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22 | 22 | | authorities not granted to it under the constitution; |
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23 | 23 | | (5) the rate of unconstitutional encroachments on |
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24 | 24 | | state sovereignty has increased since the adoption of the 17th |
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25 | 25 | | Amendment; and |
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26 | 26 | | (6) it is necessary to restore the original |
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27 | 27 | | constitutional design that federal senators serve the best interest |
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28 | 28 | | of the State of Texas. |
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29 | 29 | | SECTION 2. Title 9, Election Code, is amended by adding |
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30 | 30 | | Chapter 147 to read as follows: |
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31 | 31 | | CHAPTER 147. UNITED STATES SENATORS |
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32 | 32 | | Sec. 147.001. RECALL BY LEGISLATURE. (a) A person holding |
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33 | 33 | | the office of United States senator elected from this state is |
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34 | 34 | | subject to recall by a majority vote of each house of the Texas |
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35 | 35 | | Legislature. |
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36 | 36 | | (b) A vacancy in the office of United States senator occurs |
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37 | 37 | | on the date of a successful recall under this section. |
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38 | 38 | | SECTION 3. This Act takes effect immediately if it receives |
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39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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42 | 42 | | Act takes effect September 1, 2025. |
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