BILL ANALYSIS Senate Research Center H.J.R. 98 By: Vasut et al. (Birdwell) State Affairs 5/1/2025 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Article V of the U.S. Constitution grants states the power to call a convention of states to propose constitutional amendments. Two-thirds of the states must call for the convention before it convenes, and any proposed amendment is adopted only upon the ratification of the proposed amendment by three-fourths of the state legislatures. As of 2025, 19 states, including Texas, have called for a convention of states. For years, the Texas Legislature has approved resolutions officially applying to Congress for the limited purpose of proposing one or more amendments to the constitution to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress. In 2017, the Texas Legislature passed S.J.R. 2 (85R), which formally called for a convention under Article V of the U.S. Constitution. In the same session and in conjunction with S.J.R. 2, the Texas Legislature passed S.J.R. 38, which rescinded any application for a convention made prior to the 85th Legislature and established a sunset of eight years on any application made during or after the 85th Legislative Session (including S.J.R. 2). Last session, Senator Birdwell filed, and the Senate passed, S.J.R. 52, which would have extended the expiration date on Texas's call for a convention of states. H.J.R. 98 is an application on behalf of the 89th Legislature to Congress for an Article V convention for the limited purpose of proposing amendments to the U.S. Constitution focused specifically on three key areas: to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress. Unless rescinded by a succeeding legislature, the application would constitute a continuing application in accordance with Article V until at least two-thirds of state legislatures have submitted substantively similar applications. The drafters of the United States Constitution empowered state legislatures to be guardians of liberty against abuses of power by the federal government. The federal government has abused its power by creating a crushing national debt through improper and imprudent spending. The federal government has abused its power by invading the legitimate role of the states through the manipulative process of federal mandates that are to a great extent unfunded. The federal government has ceased to abide by a proper interpretation of the United States Constitution. It is the solemn duty of state legislatures to protect the liberty of the people and of future generations by proposing amendments to the United States Constitution that place clear restraints on federal power. Article V of the United States Constitution authorizes the several state legislatures to restrict the power of the federal government through the amendment process. Article V of the United States Constitution provides that on application of the legislatures of two-thirds of the several states Congress shall call a convention for the purpose of proposing amendments to the constitution. RESOLVED That the 89th Legislature of the State of Texas, Regular Session, 2025, hereby apply to Congress to call a convention under Article V of the United States Constitution for the limited purpose of proposing one or more amendments to the constitution to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress. That, unless rescinded by a succeeding legislature, this application by the 89th Legislature of the State of Texas constitutes a continuing application in accordance with Article V of the United States Constitution until at least two-thirds of the legislatures of the several states have applied to Congress to call a convention for the limited purpose of proposing one or more amendments to the constitution to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress. That the Texas secretary of state (SOS) forward official copies of this resolution to the president of the United States, to the speaker of the House of Representatives and the president of the Senate of the Congress of the United States, and to all members of the Texas delegation to Congress with the request that this resolution be officially entered in the Congressional Record as an application to Congress for a convention under Article V of the United States Constitution for the limited purpose of proposing one or more amendments to the constitution to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress. That SOS forward official copies of this resolution to the secretaries of state and to the presiding officers of the legislatures of the several states with the request that they join this state in applying to Congress for a convention under Article V of the United States Constitution for the limited purpose of proposing one or more amendments to the constitution to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress.
BILL ANALYSIS
Senate Research Center H.J.R. 98
By: Vasut et al. (Birdwell)
State Affairs
5/1/2025
Engrossed
Senate Research Center
H.J.R. 98
By: Vasut et al. (Birdwell)
State Affairs
5/1/2025
Engrossed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Article V of the U.S. Constitution grants states the power to call a convention of states to propose constitutional amendments. Two-thirds of the states must call for the convention before it convenes, and any proposed amendment is adopted only upon the ratification of the proposed amendment by three-fourths of the state legislatures. As of 2025, 19 states, including Texas, have called for a convention of states.
For years, the Texas Legislature has approved resolutions officially applying to Congress for the limited purpose of proposing one or more amendments to the constitution to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress. In 2017, the Texas Legislature passed S.J.R. 2 (85R), which formally called for a convention under Article V of the U.S. Constitution. In the same session and in conjunction with S.J.R. 2, the Texas Legislature passed S.J.R. 38, which rescinded any application for a convention made prior to the 85th Legislature and established a sunset of eight years on any application made during or after the 85th Legislative Session (including S.J.R. 2). Last session, Senator Birdwell filed, and the Senate passed, S.J.R. 52, which would have extended the expiration date on Texas's call for a convention of states.
H.J.R. 98 is an application on behalf of the 89th Legislature to Congress for an Article V convention for the limited purpose of proposing amendments to the U.S. Constitution focused specifically on three key areas: to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress. Unless rescinded by a succeeding legislature, the application would constitute a continuing application in accordance with Article V until at least two-thirds of state legislatures have submitted substantively similar applications.
The drafters of the United States Constitution empowered state legislatures to be guardians of liberty against abuses of power by the federal government.
The federal government has abused its power by creating a crushing national debt through improper and imprudent spending.
The federal government has abused its power by invading the legitimate role of the states through the manipulative process of federal mandates that are to a great extent unfunded.
The federal government has ceased to abide by a proper interpretation of the United States Constitution.
It is the solemn duty of state legislatures to protect the liberty of the people and of future generations by proposing amendments to the United States Constitution that place clear restraints on federal power.
Article V of the United States Constitution authorizes the several state legislatures to restrict the power of the federal government through the amendment process.
Article V of the United States Constitution provides that on application of the legislatures of two-thirds of the several states Congress shall call a convention for the purpose of proposing amendments to the constitution.
RESOLVED
That the 89th Legislature of the State of Texas, Regular Session, 2025, hereby apply to Congress to call a convention under Article V of the United States Constitution for the limited purpose of proposing one or more amendments to the constitution to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress.
That, unless rescinded by a succeeding legislature, this application by the 89th Legislature of the State of Texas constitutes a continuing application in accordance with Article V of the United States Constitution until at least two-thirds of the legislatures of the several states have applied to Congress to call a convention for the limited purpose of proposing one or more amendments to the constitution to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress.
That the Texas secretary of state (SOS) forward official copies of this resolution to the president of the United States, to the speaker of the House of Representatives and the president of the Senate of the Congress of the United States, and to all members of the Texas delegation to Congress with the request that this resolution be officially entered in the Congressional Record as an application to Congress for a convention under Article V of the United States Constitution for the limited purpose of proposing one or more amendments to the constitution to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress.
That SOS forward official copies of this resolution to the secretaries of state and to the presiding officers of the legislatures of the several states with the request that they join this state in applying to Congress for a convention under Article V of the United States Constitution for the limited purpose of proposing one or more amendments to the constitution to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress.