By Chisum                                             H.C.R. No. 18
       74R1867 CCK-D
                                 CONCURRENT RESOLUTION
    1-1        WHEREAS, The history of the adoption of the United States
    1-2  Constitution and Bill of Rights makes clear that the framers of
    1-3  those documents intended a system of federalism in which the
    1-4  national government and states were to be equal partners in
    1-5  achieving the goals of American self-governance; and
    1-6        WHEREAS, In The Federalist Papers, James Madison and
    1-7  Alexander Hamilton clarified that the assumption of new powers by
    1-8  the national government would leave the states still sovereign in
    1-9  areas of authority outside those constitutionally enumerated as
   1-10  possessed by the national government; and
   1-11        WHEREAS, The Tenth Amendment, the last item in a Bill of
   1-12  Rights promised to appease anti-federalist sentiment, reiterated
   1-13  the principle stated by Madison and Hamilton, providing that "(T)he
   1-14  powers not delegated to the United States by the Constitution, nor
   1-15  prohibited by it to the States, are reserved to the States
   1-16  respectively, or to the people"; and
   1-17        WHEREAS, Over the last two centuries, the courts have
   1-18  provided little substantive interpretation of that amendment, while
   1-19  the government in Washington, D.C., has expanded its powers by
   1-20  proactive constitutional interpretation, leading to a situation in
   1-21  which issues tend toward a single national solution and the
   1-22  opportunity for experimental democracy by the 50 states is
   1-23  relentlessly eroded; and
   1-24        WHEREAS,  Increasingly, the states are saddled with unfunded
    2-1  federal mandates, the implementation of which robs them of revenue
    2-2  that might otherwise be applied to alternative, and more
    2-3  innovative, public investment as determined by the voters and
    2-4  leadership of each state; and
    2-5        WHEREAS, In 1989, the Intergovernmental Partnership Task
    2-6  Force of the Council of State Governments issued a report
    2-7  containing proposals for restoring greater balance to America's
    2-8  system of federalism; and
    2-9        WHEREAS, More recently, the National Governors' Association,
   2-10  the National Conference of State Legislatures, and the United
   2-11  States Advisory Commission on Intergovernmental Relations have
   2-12  called for summit meetings on the subject of federalism; and
   2-13        WHEREAS, Recognizing that the collective voice of the 50
   2-14  states is geographically dispersed, concerned state officials have
   2-15  proposed an informal and bipartisan Conference of the States for
   2-16  the summer of 1995, to be attended by delegations from the several
   2-17  states; and
   2-18        WHEREAS, Delegates would focus narrowly on the subject of
   2-19  structural reform in the system of federalism, and the product of
   2-20  their deliberations would be submitted to the legislatures and
   2-21  governors of the 50 states for their formal consideration; and
   2-22        WHEREAS, The Republican and Democratic governors of Utah and
   2-23  Nebraska, respectively, are working toward gathering support for
   2-24  the Conference of the States proposal, and the Council of State
   2-25  Governments has agreed to serve as coordinator and sponsor of the
   2-26  effort; now, therefore, be it
   2-27        RESOLVED, That the 74th Legislature of the State of Texas
    3-1  hereby authorize a delegation to represent Texas at a Conference of
    3-2  the States for the purpose of reexamining this nation's system of
    3-3  federalism and devising means to constitutionally reassert the
    3-4  principle of state sovereignty; and, be it further
    3-5        RESOLVED, That the governor and presiding officers of the
    3-6  legislature have authority to determine the size, composition,
    3-7  membership, and chair of the Texas delegation to the conference;
    3-8  and, be it further
    3-9        RESOLVED, That Texas agree to parliamentary rules adopted by
   3-10  the conference, provided that those rules entitle each state
   3-11  delegation, regardless of size, to one vote, and provided that each
   3-12  vote by the Texas delegation be in accordance with the majority of
   3-13  its members present and voting internally within the delegation;
   3-14  and, be it further
   3-15        RESOLVED, That the conference agenda extend, if supported by
   3-16  participants, to the drafting of one or more potential amendments
   3-17  to the United States Constitution reaffirming and strengthening
   3-18  state sovereignty under the American system of federalism; and, be
   3-19  it further
   3-20        RESOLVED, That the conference agenda extend also to common
   3-21  language to be used in state petitions to the United States
   3-22  Congress for a constitutional amendment convention under Article V
   3-23  of the United States Constitution, incorporating within that
   3-24  language the text of any amendments drafted by the Conference of
   3-25  the States for consideration by the constitutional amendment
   3-26  convention; and, be it further
   3-27        RESOLVED, That the Texas delegation report fully on the
    4-1  proceedings of the conference to the Texas Legislature and the
    4-2  governor, including any action plan, constitutional amendment
    4-3  drafts, or constitutional amendment convention petitions receiving
    4-4  the support of conference participants; and, be it further
    4-5        RESOLVED, That copies of this resolution be forwarded to the
    4-6  president of the United States, to the speaker of the house of
    4-7  representatives and the president of the senate of the United
    4-8  States Congress, to the members of the Texas delegation to the
    4-9  congress, and to the presiding officers of the legislatures of the
   4-10  other 49 states.