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Texas - Article V Constitutional Convention Act

By: Birdwell, et al. 	S.B. No. 21 \   
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A BILL TO BE ENTITLED \ 
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AN ACT \ 
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  	relating to the qualifications, duties, and limitations of Texas \ 
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  	delegates to a convention called under Article V of the United \ 
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  	States Constitution; providing a criminal penalty. \ 
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  	       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: \ 
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  	       SECTION 1.  Subtitle Z, Title 3, Government Code, is amended \ 
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  	by adding Chapter 393 to read as follows: \ 
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  	CHAPTER 393.  DELEGATES TO FEDERAL ARTICLE V CONVENTIONS \ 
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  	SUBCHAPTER A.  GENERAL PROVISIONS \ 
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  	       Sec. 393.001.  DEFINITIONS. In this chapter: \ 
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  	             (1)  "Alternate delegate" means an individual \ 
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  	appointed under Section 393.051 to represent this state as an \ 
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  	alternate delegate at an Article V convention. \ 
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  	             (2)  "Article V convention" means a convention called \ 
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  	by the United States Congress under Article V of the United States \ 
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  	Constitution. \ 
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  	             (3)  "Delegate" means: \ 
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  	                   (A)  an individual appointed under Section \ 
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  	393.051 to represent this state as a delegate at an Article V \ 
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  	convention; or \ 
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  	                   (B)  an alternate delegate who fills a vacancy in \ 
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  	the office of the alternate delegate's paired delegate. \ 
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  	             (4)  "Unauthorized vote" means a vote cast by a \ 
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  	delegate or alternate delegate at an Article V convention that: \ 
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  	                   (A)  is contrary to the instructions adopted under \ 
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  	Section 393.101 in effect at the time the vote is taken; \ 
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  	                   (B)  exceeds the scope or subject matter of the \ 
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  	Article V convention as authorized by the legislature in the \ 
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  	application to the United States Congress to call the convention if \ 
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  	the legislature made an application to call the convention; or \ 
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  	                   (C)  exceeds the scope or subject matter of the \ 
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  	Article V convention if the legislature did not make an application \ 
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  	to the United States Congress to call the convention. \ 
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  	       Sec. 393.002.  RULES AND PROCEDURES. (a)  The legislature \ 
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  	by concurrent resolution shall provide the rules and procedures \ 
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  	necessary to implement this chapter. \ 
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  	       (b)  A legislative action relating to the appointment or \ 
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  	recall of a delegate or alternate delegate, the filling of a vacancy \ 
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  	in the office of a delegate or alternate delegate, or the \ 
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  	determination of an unauthorized vote may be accomplished through a \ 
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  	resolution adopted by the house that takes the action. \ 
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  	SUBCHAPTER B.  DELEGATES AND ALTERNATE DELEGATES \ 
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  	       Sec. 393.051.  APPOINTMENT. (a)  As soon as possible \ 
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  	following the calling of an Article V convention, the legislature \ 
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  	shall appoint delegates and alternate delegates to the convention \ 
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  	as provided by Subsection (b) or (c), as applicable. \ 
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  	       (b)  Except as provided by Subsection (c), the legislature \ 
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  	shall appoint five delegates and five alternate delegates to the \ 
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  	Article V convention as follows: \ 
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  	             (1)  the house of representatives shall appoint three \ 
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  	members of the house as delegates and three members of the house as \ 
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  	alternate delegates; and \ 
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  	             (2)  the senate shall appoint two members of the senate \ 
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  	as delegates and two members of the senate as alternate delegates. \ 
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  	       (c)  If the number of delegates allocated to represent the \ 
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  	state at the Article V convention is determined by Congress or by \ 
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  	agreement among the states to be a number other than five, the \ 
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  	legislature shall appoint the allocated number of delegates and an \ 
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  	equal number of alternate delegates as follows: \ 
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  	             (1)  if the allocated number of delegates is an odd \ 
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  	number: \ 
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  	                   (A)  the house of representatives shall appoint a \ 
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  	number of members of the house as delegates that is equal to \ 
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  	three-fifths of the allocated number or as close to that proportion \ 
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  	as possible and the same number of members of the house as alternate \ 
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  	delegates; and \ 
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  	                   (B)  the senate shall appoint a number of members \ 
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  	of the senate as delegates that is equal to two-fifths of the \ 
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  	allocated number or as close to that proportion as possible and the \ 
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  	same number of members of the senate as alternate delegates; and \ 
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  	             (2)  if the allocated number of delegates is an even \ 
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  	number: \ 
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  	                   (A)  the house of representatives shall appoint a \ 
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  	number of members of the house as delegates that is equal to \ 
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  	one-half of the allocated number and the same number of members of \ 
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  	the house as alternate delegates; and \ 
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  	                   (B)  the senate shall appoint a number of members \ 
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  	of the senate as delegates that is equal to one-half of the \ 
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  	allocated number and the same number of members of the senate as \ 
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  	alternate delegates. \ 
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  	       (d)  Service as a delegate or alternate delegate by a member \ 
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  	of the legislature is an additional duty of the member's \ 
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  	legislative office. \ 
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  	       (e)  The appointing house shall pair each alternate delegate \ 
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  	with a delegate at the time each appointment is made. \ 
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  	       Sec. 393.052.  VACANCY. (a)  An alternate delegate \ 
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  	automatically fills a vacancy in the office of the alternate \ 
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  	delegate's paired delegate unless the office of the alternate \ 
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  	delegate is simultaneously vacated. \ 
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  	       (b)  Except as provided by Subsection (a), the house that \ 
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  	appointed a delegate or alternate delegate shall fill a vacancy in \ 
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  	the office of the delegate or alternate delegate as soon as possible \ 
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  	after the vacancy occurs. \ 
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  	       Sec. 393.053.  RECALL. (a)  The house that appointed a \ 
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  	delegate or alternate delegate may recall the delegate or alternate \ 
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  	delegate. \ 
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  	       (b)  A vacancy created by the recall of a delegate or \ 
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  	alternate delegate shall be filled in the manner provided by \ 
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  	Section 393.052. \ 
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  	       Sec. 393.054.  COMPENSATION; REIMBURSEMENT OF EXPENSES. \ 
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  	(a)  A delegate or alternate delegate is not entitled to \ 
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  	compensation for service as a delegate or alternate delegate. \ 
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  	       (b)  A delegate or alternate delegate is entitled to \ 
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  	reimbursement for necessary expenses incurred in performance of \ 
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  	official duties, subject to any applicable limitation on \ 
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  	reimbursement provided by general law or the General Appropriations \ 
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  	Act. \ 
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  	       Sec. 393.055.  OATH. (a)  An individual appointed as a \ 
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  	delegate or alternate delegate must take the following oath before \ 
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  	voting or taking an action as a delegate or alternate delegate of \ 
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  	this state:  "I do solemnly swear (or affirm) that to the best of my \ 
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  	abilities, I will, as a delegate (or alternate delegate) to the \ 
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  	Article V convention, act according to the limits of the authority \ 
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  	granted to me as a delegate or alternate delegate by Texas law, will \ 
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  	not consider or vote to approve an amendment to the United States \ 
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  	Constitution not authorized by the Texas Legislature in its \ 
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  	application to the United States Congress to call this convention \ 
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  	or an amendment outside the scope of this convention if the Texas \ 
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  	Legislature did not make an application to the United States \ 
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  	Congress to call this convention, and will faithfully abide by and \ 
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  	execute the instructions to delegates or alternate delegates \ 
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  	adopted by the Texas Legislature." \ 
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  	       (b)  Each delegate and alternate delegate must file the \ 
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  	executed oath with the secretary of state. \ 
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  	       Sec. 393.056.  PROHIBITION ON ACCEPTANCE OF BENEFIT. A \ 
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  	delegate or alternate delegate may not accept a gift, a loan, food \ 
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  	or beverages, entertainment, lodging, transportation, or another \ 
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  	benefit from a person, including a corporation, nonprofit \ 
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  	organization, or individual, if that person is required to register \ 
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  	as a lobbyist under Chapter 305 or under other law. \ 
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  	SUBCHAPTER C.  DUTIES OF DELEGATES AND ALTERNATE DELEGATES \ 
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  	       Sec. 393.101.  INSTRUCTIONS TO DELEGATES AND ALTERNATE \ 
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  	DELEGATES. (a)  At the time delegates and alternate delegates are \ 
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  	appointed, the legislature by joint resolution shall adopt \ 
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  	instructions to the delegates and alternate delegates to govern the \ 
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  	actions of those officers at the Article V convention.  \ 
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  	       (b)  The legislature may not adopt instructions for an \ 
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  	Article V convention called following an application by the \ 
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  	legislature to the United States Congress for the convention that \ 
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  	authorize a delegate or alternate delegate to consider or vote to \ 
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  	approve an amendment to the United States Constitution that is not \ 
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  	authorized by the legislature in its application for the \ 
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  	convention. \ 
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  	       (c)  The legislature by joint resolution may amend the \ 
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  	instructions at any time. \ 
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  	       Sec. 393.102.  DUTY OF ALTERNATE DELEGATE. An alternate \ 
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  	delegate shall act in the place of the alternate delegate's paired \ 
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  	delegate when the delegate is absent from the convention. \ 
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  	       Sec. 393.103.  UNAUTHORIZED VOTE. (a)  A delegate or \ 
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  	alternate delegate may not cast an unauthorized vote. \ 
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  	       (b)  Except as provided by Section 393.104, the \ 
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  	determination that a vote is an unauthorized vote for purposes of \ 
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  	this section may only be made by the house that appointed the \ 
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  	delegate or alternate delegate who cast the vote. \ 
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  	       (c)  A vote determined to be an unauthorized vote is invalid.  \ 
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  	       (d)  A delegate or alternate delegate who casts a vote \ 
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  	determined to be an unauthorized vote is disqualified to continue \ 
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  	to serve as a delegate or alternate delegate.  A vacancy in the \ 
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  	office of a delegate or alternate delegate created by the \ 
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  	disqualification of the delegate or alternate delegate shall be \ 
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  	filled in the manner provided by Section 393.052. \ 
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  	       (e)  The presiding officer of the house that determined that \ 
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  	a delegate or alternate delegate has cast an unauthorized vote \ 
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  	shall promptly notify the head of the state delegation and the \ 
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  	presiding officer of the Article V convention that the delegate or \ 
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  	alternate delegate has cast an unauthorized vote and is \ 
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  	disqualified to serve as a delegate or alternate delegate. \ 
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  	       Sec. 393.104.  OVERSIGHT COMMITTEE. (a)  The legislature \ 
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  	shall appoint an Article V Oversight Committee at the time \ 
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  	delegates and alternate delegates are appointed under Section \ 
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  	393.051. \ 
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  	       (b)  The committee consists of the following 10 members: \ 
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  	             (1)  the lieutenant governor; \ 
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  	             (2)  the speaker of the house of representatives; \ 
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  	             (3)  the chair of the senate state affairs committee; \ 
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  	             (4)  the chair of the house state affairs committee; \ 
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  	             (5)  three members of the senate appointed by the \ 
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  	lieutenant governor; and \ 
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  	             (6)  three members of the house of representatives \ 
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  	appointed by the speaker of the house of representatives. \ 
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  	       (c)  The lieutenant governor and the speaker of the house of \ 
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  	representatives are joint chairs of the committee. \ 
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  	       (d)  If the legislature is not convened in regular or special \ 
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  	session at any time during which an Article V convention is \ 
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  	convened, the members of the committee shall: \ 
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  	             (1)  meet at the call of either joint chair at the State \ 
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  	Capitol; and \ 
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  	             (2)  determine whether a vote cast by a delegate or \ 
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  	alternate delegate is an unauthorized vote for the purposes of \ 
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  	Section 393.103. \ 
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  	       (e)  A vote cast by a delegate or alternate delegate is an \ 
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  	unauthorized vote for the purposes of Section 393.103 if seven or \ 
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  	more members of the committee determine by committee vote that the \ 
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  	vote cast was an unauthorized vote. \ 
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  	       (f)  The committee is not authorized to take any action when \ 
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  	the legislature is convened in regular or special session. \ 
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  	       Sec. 393.105.  CRIMINAL PENALTY. (a)  A delegate or \ 
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  	alternate delegate commits an offense if the delegate or alternate \ 
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  	delegate knowingly casts an unauthorized vote. \ 
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  	       (b)  An offense under this section is a state jail felony. \ 
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  	       (c)  A judge granting community supervision to a defendant \ 
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  	convicted of an offense under this section shall require as a \ 
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  	condition of community supervision that the defendant submit to not \ 
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  	less than 10 days of confinement in county jail. If a sentence of \ 
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  	confinement is imposed on the revocation of community supervision, \ 
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  	the term of confinement served under this subsection may not be \ 
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  	credited toward completion of the sentence imposed. \ 
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  	       SECTION 2.  This Act takes effect immediately if it receives \ 
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  	a vote of two-thirds of all the members elected to each house, as \ 
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  	provided by Section 39, Article III, Texas Constitution.  If this \ 
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  	Act does not receive the vote necessary for immediate effect, this \ 
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  	Act takes effect September 1, 2017. \ 
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[[https://capitol.texas.gov/tlodocs/85r/billtext/html/sb00021e.htm|https://capitol.texas.gov/tlodocs/85r/billtext/html/sb00021e.htm]]  \ 
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