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