Texas Senate Bill SB1187

Texas 2025 - 89th Regular

• Filed: 2/7/25

Caption

Relating to an unauthorized vote by a delegate or alternate delegate to a federal Article V convention; creating a criminal offense.

Impact

The introduction of SB1187 is expected to significantly impact the conduct of delegates participating in Article V conventions, which are convened for the purpose of proposing amendments to the U.S. Constitution. By criminalizing unauthorized voting, the bill aims to enforce stricter adherence to guidelines governing delegates' actions and enhance the integrity of the amendment process. This legal stipulation may deter potential malfeasance in voting practices and ensure that only duly appointed individuals participate in the decision-making processes.

Summary

SB1187 establishes a legal framework regarding unauthorized votes by delegates or alternate delegates to a federal Article V convention. This bill introduces a new section in the Government Code that explicitly prohibits delegates from casting votes without proper authorization. If a delegate or alternate delegate knowingly casts an unauthorized vote, they would be committing a criminal offense classified as a state jail felony. This classification signifies a serious legal consequence for such actions, emphasizing the importance of authorized representation in constitutional conventions.

Contention

While the bill may be seen as a necessary step to uphold the integrity of Article V conventions, it could also raise concerns about the scope of enforcement and the implications of labeling such actions as felonies. Critics might argue that the criminalization of unauthorized votes could lead to excessive penalties that may discourage participation in the convention process or create fear among delegates regarding their voting authority. Balancing the need for accountability with fair representation remains a significant point of contention surrounding SB1187.

Texas Constitutional Statutes Affected

Government Code

• Chapter 393. Delegates To Federal Article V Conventions
  • Section: New Section