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.