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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.
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.
Sec. 393.053. RECALL.
Sec. 393.054.
COMPENSATION; REIMBURSEMENT OF EXPENSES.
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.
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.
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.
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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 393.052 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) the governor;
(B) an individual
appointed under Section 393.052 to represent this state as a delegate at an
Article V convention; or
(C) 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.
SUBCHAPTER B. DELEGATES
AND ALTERNATE DELEGATES
Sec. 393.051. GOVERNOR AS EX OFFICIO DELEGATE. (a) The governor
shall serve as a delegate to an Article V convention.
(b) The governor is the head of the state delegation of
delegates to the convention.
(c) Service as a delegate by the governor is an additional duty
of the governor's office.
Sec. 393.052. APPOINTMENT.
(a) The legislature shall appoint delegates and alternate delegates to the
convention, other than the governor, as
provided by this section.
(b) If the difference between the number of delegates allocated
to represent the state at the Article V convention and one is an even
number:
(1) the house of
representatives shall appoint a number
of individuals as delegates that is equal to one-half of that number and
the same number of individuals as alternate delegates; and
(2) the senate shall
appoint a number of individuals as
delegates that is equal to one-half of that number and the same number of
individuals as alternate delegates.
(c) If the difference between the number of
delegates allocated to represent the state at the Article V convention and one is an odd number greater than one:
(1) the house of
representatives shall appoint a number of individuals
as delegates that is equal to three-fifths of that
number or as close to that proportion as possible and the same
number of individuals as
alternate delegates; and
(2) the senate shall
appoint a number of individuals
as delegates that is equal to two-fifths of that
number or as close to that proportion as possible and the same
number of individuals as
alternate delegates.
(d) If the number of
delegates allocated to represent the
state at the Article V convention is two, the house of
representatives shall appoint one
individual as a delegate and one individual as an alternate delegate.
(e) If applicable, service as a delegate or alternate
delegate by a member of the legislature is an additional duty of the
member's legislative office.
(f) The appointing house
shall pair each alternate delegate with an appointed
delegate at the time each appointment is made.
Sec. 393.053. VACANCY.
Sec. 393.054. RECALL.
Sec. 393.055.
COMPENSATION; REIMBURSEMENT OF EXPENSES.
Sec. 393.056. OATH. (a) The governor and 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. 393.057. PROHIBITION
ON ACCEPTANCE OF BENEFIT.
SUBCHAPTER C. DUTIES OF
DELEGATES AND ALTERNATE DELEGATES
Sec. 393.101. INSTRUCTIONS
TO DELEGATES AND ALTERNATE DELEGATES. (a) 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.
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 cast by an appointed delegate or alternate delegate is an
unauthorized vote may only be made by the house that appointed the delegate
or alternate delegate who cast the vote.
(c) A vote cast by an appointed delegate or alternate
delegate and determined to be an unauthorized vote is invalid.
(d) An appointed 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 393.053.
(e) The presiding officer
of the house that determined that an appointed
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 393.052.
(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 an appointed
delegate or alternate delegate is an unauthorized vote.
(e) A vote cast by an appointed delegate or alternate
delegate is an unauthorized vote 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.
No
equivalent provision.
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